M. Chaudhary, J. - (1.) This is an appeal from judgment and order dated 19lh of March, 1998 passed by VII Additional Sessions Judge Meerut in Sessions Trial No. 2693 of 1995 State v. Anil and Anr. acquitting the accused of the charge levelled against them under Section 302 IPC.
(2.) Brief facts giving rise to this appeal are that Ved Pal, Hukam Singh and Husan Singh were real brothers and Devendra was the son of Hukam Singh, All of them used to reside at village Rajapur within the limits of police station Saroorpur, District Meerut. Ved Pal was dealer of Mr price shop there. In the forenoon of 3rd of July, 1995 Anil went to the house of Ved Pal to have sugar on his ration card and asked Ved Pal to give 20 Kgs of sugar. Ved Pal replied that only one kilogram of sugar was to be provided to him on his ration card and that he could give him only that much sugar. Thereon Anil went annoyed uttering that he used to provide sugar to others as demanded by them and why he would not give him the sugar demanded by him. After a little while Ved Pal alongwith Tazuddin and Bhopal all the three proceeded to the house of Peetam as there was a least and at about 1:00 p.m. when they were going there Anil armed with countrymade pistol and Jagpul with a brick followed them and in front of the house of Ishwar Anil fired at Ved Pal with countrymade pistol and sustaining the firearm injury Ved Pal fell down and then Jagpal gave him brick blows. Immediately Tazuddin and Bhopal challenged them and then both the assailants took to their heels. Ved Pal succumbed to the injuries sustained by him instantaneously on the spot. Then Husan Singh got a report of the occurrence scribed by his nephew Devendra and went to police outpost Khiwai, police station Saroorpur and handed over written report of the occurrence to the police there. The police prepared check report on the basis of the written report handed over there and made entry regarding registration of the crime in the GD accordingly. Investigation of the case was entrusted to SI K.K. Shastri who visited the scene of occurrence. Me drew inquest proceedings on the dead body of Ved Pal-preparing the inquest report (Ext Ka 4) and other necessary papers (Exts Ka 5 to Ka 9) and handed over the dead body in sealed cover alongwith necessary papers to constables Gaya Prasad and Subhash for being taken for its post mortem.. Then he collected blood stained and simple earth from the scene of occurrence and also picked up blood stained brick from there, sealed them in separate packets and prepared their memos (Exts Ka 10 & Ka 11). He also inspected the scene of occurrence and prepared its site plan map (Ex.1 Ka 12). He also recorded statements of the witnesses. Next day investigation of the case was taken up by station officer J.K.Singh, police station Saroorpur in his hands.
(3.) Autopsy on the dead body of Ved Pal conducted by Dr. H.M. Saxena, the then Senior ENT Surgeon District Hospital Meerut on 4th of July 1995 at 3:00 p.m. revealed below noted ante mortem injuries on the dead body: 1. Multiple lacerated wounds in tin area of 5 cm x 2 cm x bone deep on left side forehead varying in size maximum 2 cm x 0.5 cm and minimum 1 cm x 1 cm. 2. Contusion 8 cm x 5 cm on the left side face and forehead including eye. 3. Lacerated wound 4 cm x 1 cm x hone deep on right forehead extending to inner end of eye brow. 4. Lacerated wound 2 cm x 1 cm x bone deep on right side face 1.5 cm below right eye. 5. Contusion 8 cm x 4 cm on face and nose on right side front below right eye. 6. Multiple lacerated wounds in an area of 10 cm x 8 cm x bone deep on hack of head maximum 2.5 cm x 1 cm and minimum 2 cm x 1 cm 6 cm inner to right ear. 7. Firearm wound of entry 2 cm x 1.5 cm x chest cavity deep on right side neck front part 1 cm above the root of neck with blackening on the wound margins, piece of wadding superficially present over the wound. 8. Firearm wound of exit 3 cm x 2 cm x chest cavity deep on right side back of chest 23 cm inner to the right shoulder communicating to injury No. 7. On internal examination occipital and parietal bones underneath injuries No. I, 3 and 6 were found fractured. Brain and its membranes were lacerated. Middle cranial fossa at the base of skull was fractured and thoracic vertebrae TI and T2 were fractured under injuries No. 1 & 2. 2nd and 3rd ribs were fractured Right lung and pleura, oesophagus, trachea and cervical vessels were lacerated. Chest cavity contained clotted blood 200 ml. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante mortem injuries about one day ago.;