AMAR SARAN, J. - (1.) THIS jail appeal arises from the judgment and order dated 10 -12 -1985 passed by the VII Additional Sessions Judge, Moradabad whereby the learned Judge has convicted and sentenced the appellant Sheesh Ram to imprisonment for life under Section 302 IPC.
(2.) BRIEFLY stated, the prosecution case was that Mahendra had gone to the place of the appellant for doing the work of labour and he had borrowed the rope of the appellant for, drawing some water from a well. After that Sheesh Ram had left for Moradabad and as no one was present in his house, the deceased Mahendra had handed over the rope to Sheesh Ram's neighbour Har Swaroop. On 29 - 12 -1985 at about 8.00 p.m. appellant -Sheesh Ram arrived at the house of Mukund Ram the informant, and father of the deceased (P.W.1) and called for his son for returning his rope. On the cry of Sheesh Ram, the appellant. Mukund Ram, the informant and his younger brother Ram Singh P.W. 2 went at the door of their house alongwith the deceased. The deceased Mahendra told Sheesh Ram that he had left the rope with the appellant's neighbour, Har Swaroop because his (appellant's) house was shut and no one was present there Infuriated by this reply, Sheesh Ram retorted that the deceased Mahendra was telling a lie and thereupon he fired on the stomach of the deceased with a country made pistol. The informant Mukund Ram, P.W. 1 lodged the report about this incident (Ext. Ka 1) on the same day at 9.15 p.m. at police station Moonda Pandey which was 2 Kms from his house. This report was scribed by one Sukhveer Singh. The investigating officer, Yogendra Singh, PW 9, entered the report in the G.D. and recorded the statement of the informant Mukund Ram under Section 161 Cr. P.C. He also recorded the statement of the deceased Mahendra who was injured at that time. The deceased Mahendra appeared to be in a fit mental state at that time. His statement (Ext Ka 9) was entered in the case diary. After that injured Mahendra was sent to the district hospital Moradabad alongwith Constable Sita Ram, P.W. 10 and Home Guard Indra Pal for the purpose of his medical examination.
(3.) DR . Rakesh Khare, P.W. 8, Medical Officer, District Hospital, Moradabad, who conducted the medical examination of Mahendra on 29 -12 -84 at about 11.45 p.m. found the following injuries and mental condition of the injured.;