N.N.Sharma, J. - (1.) HARI alias Satya Pal, son of Qabool Singh, aged about 26 years, resident of village Baruki, Police Station Bhopa, district Muzaffarnagar has filed this appeal against his conviction under Section 302 of the Indian Penal Code by Sri Hukam Singh on 17-2-1981 in Sessions Trial No. 288 of 1979 ; appellant was sentenced to imprisonment for life.
(2.) PROSECUTION story briefly stated is that on 6-6-1979, deceased Phool Singh, a co-villager of appellant, aged about 25 years returned to his village at about 6.00 P. M. or so. He alighted from the bus along with Vikram (PW 1), Vedu (PW 2), Parmanand and Peeru at the bus stop of their village as all of them had gone to Muzaffarnagar City for shopping on that day appellant accosted Phool Singh victim on the way running north-south towards east of primary school; when deceased enquired about the matter, appellant whipped out a country made pistol and fired a shot from close range hitting the victim on his abdomen ; victim fell down; appellant ran towards south-east and could not be over-taken by witnesses aforesaid despite a hot chase; while he was being carried in an injured state on horse-cart of Brahm Singh (PW 12), deceased was again attacked by appellant on the way in presence of Mohar Singh (PW 13) and Kallu etc.; however, the shot missed its aim and appellant escaped on the arrival of village Pradban and Yash Pal etc. Victim dictated report Ext. Ka-3 to Mahendra Singh (PW 6) about the occurrence and made it over at police station in the same night at 10.10 P. M. Distance of Police Station from the scene of occurrence was about six miles. On the basis of this report, first information report Ext. Ka-6 was drawn by Head Constable Daulat Ram (PW 8) at Police.station and the case was registered in the general diary Ext. Ka-7 under Section 307 of the Indian Penal Code. The injured was sent for medical examination by investigator Sri Surendra Singh (PW 16). He was medically examined at 1100 P. M. in the same night by Dr. S. R. Royal (PW 10) in Bhopa dispensary vide injury report Ext. Ka-8 which runs as below :- "1. Nine gun shot entry wounds in an area of 8 cm x 7 cm each apart 1 cm to 2 cm. The measurement of each wound was 1 cm x 1 cm. The injury was on the right side of the abdomen in 10'O clock position. The margins of the wounds were inverted and were irregular. Blackening was present around the wounds. The shirt and the under-shirt worn by the deceased had holes upon them. The injury Was 7 cm above and right side of the umbilicus. The injury had been kept under observation and X-ray had been advised. The injured had been referred to the District Hospital, Muzaffarnagar. The injury received was caused by gun shot vide Ext. Ka-8."
(3.) DOCTOR opined that the aforesaid injury could have been sustained by him at about 8.00 P. M. on that evening. The victim was admitted in District Hospital, Muzaffarnagar on 7-6-1979 when his dying declaration was recorded at 9.20 A. M. by Sri N. P. Asthana, City Magistrate (PW 9); declarent was found fit to make a declaration by Dr. J. N. Mathur (PW 4) who certified about it vide Ext. Ka-1. This declaration was signed by victim and is Ext. Ka-1/1. The victim succumbed to his injuries in Pyare Lal Sharma Hospital, Meerut on 11- 6-1979.;