M.CHAUDHARY, J. - (1.) THIS appeal has been filed by the State from judgment and order dated 24th of December, 1997 passed by III Additional District & Sessions Judge Agra in Sessions Trial No. 413 of 1996 State v. Om Prakash & Ors. acquitting accused Om Prakash under Section 302 IPC and accused Hari Chand and Goley alias Manohar Singh under Section 302 read with Section 34 IPC.
(2.) BRIEF facts giving rise to this appeal are that Virendra Singh alias Vedariya alongwith his family used to reside at village Garhi Mohan Lal Hamlet of Dherai within the limits of police station Shamsabad District Agra. There was a public hand pump in the locality which was not in working order and due to summer season Vedariya and some others were facing problem due to non -availability of drinking water. In the noon of 7th of July, 1995 Ranjit Singh son of Vedariya made efforts for getting hand pump repaired but Om Prakash, Hari Chand and Goley alias Manohar Singh took exception thereto on the pretext that to since it was public hand pump it should be got repaired by the Authorities concerned at State expense otherwise Vedariya and his family members would starts claiming authority thereover. In the evening Mahendra and his brother Ranjit Singh alongwith some of the co -villagers namely Munna Lal, Mohan Singh and few others were sitting in the sahan in front of the door of their house and talking together. At about 9.00 p.m. Om Prakash alongwith Hari Chand and Goley alias Manohar Singh reached there and started abusing Ranjit Singh using filthy language. Immediately Ranjit Singh asked them not to abuse him and then Goley and Hari Chand caught hold of Ranjit Singh each holding him by his upper arms and Om Prakash fired at Ranjit Singh hitting him at his chest. Sustaining the fatal injury Ranjit Singh fell down and succumbed to the injury sustained by him instantaneously. Then Mahendra Singh, brother of the deceased got report of the incident scribed by his 'behnoi' Dharmendra Singh and went to police station Shamsabad situate at a distance of 8 Kms from the place of occurrence and handed over written report of the occurrence to the police there at 10.30 p.m. the same night (Ext. Ka -1). SI Omwir Singh who took up investigation of the case in his hands went alongwith police force to the scene of occurrence. SI Raghunath Singh deep inquest proceeding on the dead body of Ranjit Singh under his supervision and prepared inquest report (Ext Ka -7) and other necessary papers (Exts Ka 8 to Ka 10) and entrusted the dead body in a sealed cover alongwith necessary papers to constables Ram Pal Singh and Bhikam for being taken for its post -mortem. Then he inspected the scene of occurrence and prepared its site plan map. Autopsy conducted on the dead body of Ranjit Singh by Dr. A.G. Agarwal, Medical Officer District Hospital Agra on 8 -7 -95 at 3.00 p.m. revealed an ante -mortem gunshot would 1 cm x 1 cm x chest cavity deep on left side chest 12 cms below the medical end at clavicle 5 cm medial to neck, inverted margins and blackening and tattooing present around the wound. The doctor removed one metallic bullet from the back of chest right side from scapular region. On internal examination both the lungs, left side pleura and ventricle on right side were found lacerated. Pericardium was also found lacerated. Chest cavity contained 2 1/2 litres of clotted blood. Stomach and small intestine contained watery fluid and large intestine faecal mater and gases. The doctor opined that death was caused due to shock and haemorrhage as a result of ante -mortem injury about eighteen hours ago.
(3.) AFTER completing investigation the police submitted charge -sheet against the accused accordingly.;