R. B. Lal, J. - (1.) THIS appeal is directed against the judgment and order of the Additional Sessions Judge, Banda dated 31-3-77 convicting Naraina appellant of an offence under section 302/34 IPC and sentencing him to undergo imprisonment for life.
(2.) LALLU (deceased) son of Gangwa complainant was Karinda of Swami Rama Nand. He also used to look after the crops of Swami Rama Nand. 10 or 12 days before the occurrence the wife of Naraina appellant cut fodder from the filed of Swami Rama Nand. LALLU happend to reach there and took away that fodder from the woman. Naraina felt aggrieved by this conduct of LALLU. Naiduniya is a hamlet of village Bhujauli which is within the jurisdiction of police station Tindwari, District Banda. On 29th October, 1975 in the evening, Lallu started back from the fields of Swami Rama Nand with bullocks and plough. At about sun set time, he came in front of the house of Naraina appellant in the Abadi of Naiduniya. His father Gangwa was coming about ten lathis behind him. Bhaiyadeen was coming along with Gangwa. Ram Singh was standing near his house which was to the south of the house of Naraina. At that time, Naraina and one unknown person emerged from the house of Naraina carrying guns. Naraina asked Lallu to stop and said that he would not allow him to go alive. Saying so, Naraina fired a shot at Lallu causing injuries on his buck. Lallu at once fell down. Gangwa raised an alarm. The incident of shooting was seen by Gangwa, Ram Singh, Bhaiyadeen and some others. After shooting, Naraina and his companion ran away towards Pipargaon. Gangwa took his injured son Lallu in a bullock cart to police station Tindwari which was about four miles away and lodged an oral report of the occurrence at the police station at 8 p. m. From the police station Lallu was sent to Primary Health Centre, Tindwari for medical examination and treatment. Dr. B. P. bhargava (PW-10) examined the injuries of Lallu, same night at 10 p. m.
(3.) S. I. Ram Dularay Pandey of police station Tindwari (PW-11) started investigation of the case. He interrogated Lallu and Gangwa in the hospital at Tindwari. He visited the scene of occurrence on 30-10-75 and interrogated Bhaiyadeen, Ram Singh and others. He prepared site-plan. He found blood at the scene of occurrence and took blood stained and simple earth in separate containers. From Primary Health Centre, Tindwari, Lallu was sent to District Hospital, Banda for treatment. Banda is 24 kilometres; from Tindwari. There he died on 4-11-75 at 5.30 a. m. The post-mortem examination of his dead body was performed by Dr. S. A. Zama (PW-9) at Banda on 4-11-75 at 4.30 p. m. It appears that a dying declaration of Lallu was recorded by Sri P. D. Srivastava, Executive Magistrate on 31-10-75 in the District Hospital, Banda. The blood stained earth and blood stained clothes of the deceased were sent to the Chemical Examiner and Serologist for analysis and report. After completing the investigation, the police submitted charge-sheet against Naraina on 26-12-75 till then Naraina could not be apprehended.;