M.C.Jain, J. - (1.) Four persons, namely, Ram Sewak, Ram Swarup, Kamta and Madan were charged for causing the murder of one Krishna Singh and for dishonest misappropriation of his gun from the spot after shooting him dead in S.T. No. 17 of 1980 before IV Additional Sessions Judge, Hamirpur. They were acquitted by judgement and order dated 19.3.1981 which has been assailed by the State through this appeal.
(2.) Broad essentials of the prosecution case as surfacing from the F.I.R. and evidence may be put forth. The incident took place at the outskirts of village Sirsi Khurd, Police Station Maudaha, District Hamirpur on 15.10.1979 at 5.30 P.M. and the report was lodged the following day at 5.00 A.M. by Arimardan Singh PW 1 (cousin of the deceased Krishna Singh) who claimed himself to be an eye-witness. The accused Ram Sewak was the Pradhan of the village and the deceased was Up-Pradhan. On the fateful day, the deceased accompanied by the first informant, Bhawani Din PW 2, Devi Din, Ranjit Singh and Ram Chandra had gone from the village to Block Development Office at Maudaha in connection with the sanction of digging of a pond in the village as a part of draught relief measure. The Block Development Officer was not available, though they waited for sufficient time. Ultimately, relevant papers including the resolution of the Gaon Sabha were handed over to a clerk there and all these persons were returning back to the village. They boarded a bus at Maudaha bus stand and reached Khanna at 3.30 P.M. wherefrom they were returning to their village on foot. Krishna Singh was 15-16 paces ahead of others and was carrying his S.B.B.L. gun. When they reached about 2-2 1/2 kms. ahead of village Ratwa on chakroad near the chak of Ranjaur Singh at about 5.30 P.M. the four accused suddenly came from the side of the village. Ram Sewak and Ram Swarup were armed with rifles whereas Kamta and Madan had S.B.B.L. guns. Spotting Krishna Singh, Ram Sewak and Madan exhorted and the other two Ram Swarup and Kamta opened fire on him from rifle and gun respectively. Receiving injuries, Krishna Singh died at the spot. During the incident, Madan kept issuing threats to the witnesses that they would also be shot dead if any body dared to proceed ahead. The accused then opened two more shots in the air and ran away. Enmity was pleaded in the F.I.R. itself and it was also stated that after committing the murder of Krishna Singh, Ram Sewak accused took away his licensed gun too. Distance of the police station from the place of occurrence was about five miles and the explanation offered by the prosecution for late lodging of the F.I.R. was that owing to fear of the accused, the report could not be lodged in the night.
(3.) On the lodging of the F.I.R. (which was got scribed by the informant from Laxmi Singh PW 5), Head Constable Kamta Prasad PW 4 prepared the chick report and registered a case by making entry in G.D. The investigation was taken up by S.I. Jagdish PW 6 who reached the spot, prepared inquest report of the dead body of the deceased and busied himself in other activities related to investigation. The dead body after being sealed was sent for post mortem which was conducted by Dr. S.N. Dixit PW 3 on 16.10.1979 at 4.35 P.M. The deceased was aged about 32 years and about one day had passed since he died. He had received one gunshot wound of entry 3 cm x 2 cm chest x cavity deep on right side chest, 4 cm below mid of right clavicle with blackening and tattooing. The margins were inverted. There were five gunshot wounds of exit communicating and corresponding to the gunshot wound of entry. All of them had everted margins. The doctor recovered two big shots from the left side back and a wad piece from left lung. The cause of death was firearm injuries sustained by the deceased on his chest.;