I. P. Singh, J. - (1.) THIS is Government criminal appeal against the judgment and order of Sri Sachidanand, Sessions Judge, Shahajahanpur, dated 29-4-1977, passed in S.T. No. 218 of 1976, State v. Bhimpal Singh alias Bhikari Singh, acquitting the accused of the charge under Section 302 IPC.
(2.) THE prosecution case is that on 20-10-1975 at about sun set in village Hasanpur, P. S. Khudaganj, Distt.Shahjahanpur, Ram Kumar Singh deceased had gone to the house of Jagdish labourer to call him to work as labourer with him the following day. Just then Bhimpal Singh alias Bhikari Singh accused respondent holding his double barrel gun also arrived there and asked Jagdish Labourer to work with him as labourer the following day. Both Ram Kumar Singh deceased and Bhimpal Singh accused respondent were on strained relations for some time past. Thus on the point as to with whom Jagdish labourer should work, there arose a dispute between the two. Ram Kumar Singh deceased told the accused respondent Bhimpal Singh that as he had advanced money to Jagdish so he would work with him. THE things became hot and the accused respondent Bhimpal Singh told Ram Kumar Singh deceased to go away otherwise he would be shot at. Ram Kumar Singh deceased challenged by him as to why he would shot him ? It is alleged that on hearing the exchange of hot words between Ram Kumar Singh deceased and the accused respondent Bhimpal Singh, Ram Bahadur Singh complainant PW 1 s/o Ram Kumar Singh deceased and his uncle Ram Pal Singh PW 5 reached the spot. THE accused respondent in the end threatened Ram Kumar Singh deceased that if he would insist on taking Jagdish labourer then he would surely shoot him. Saying so he fired at him, hitting him on the left fore-arm. Ram Kumar Singh deceased fell down in injured condition. THE accused respondent went away towards north threatening that if any body would lodge the report at police station he would be killed. Just then Nathu Lal PW 6 and Krishna Pal arrived at the spot and asked Ram Kumar Singh deceased as to what had happened. THE latter told them (to the hearing of Ram Bahadur complainant PW 1 and Ram Pal Singh PW 5) that Bhimpal Singh accused respondent had fired at him. Ram Kumar Singh deceased in injured condition was brought by his son Ram Bahadur Singh complainant PW 1 and Ram Pal Singh PW 5 to nearby house of Ram Kumar Singh deceased and after arranging a bullock cart took him to Police Station Katra. On the way, Ram Kumar Singh died. THE dead body was taken to P. S. Katra. Ram Bahadur Singh complainant PW 1 dictated the report of the incident to Raman Pal Singh PW 5 and then handed it over at Police Station Katra at 1.00 in the night i. e. on 21-10-1975. As village Hasanpur, where the murder took place, fell within Police Station Khudaganj, so after recording the FIR, that Police Station forwarded the papers to Police Station Khudaganj. Investigation was conducted by Karan Pal Singh PW 9, S. I. Khudaganj. The post-mortem examination on the dead body of Ram Kumar Singh was conducted by Dr. N. S. Chandel Medical Officer, Police Hospital, Shahjahanpur, on 22-10-1975 at .11.45 A.M. The probable time since death was noted as about " 1 1/2 days ". This would take the death back to about mid night between 20/21 of October, 1975. The doctor in his statement confirmed that this death could take place in the night between 20/21-10-1975 at about 9.00. (According to Raman Pal Singh PW 5, Ram Kumar Singh deceased had breathed his last on way to Thana at about 8.30 P.M.). The deceased had following ante-mortem injuries on his person :- (1) Lacerated gun shot wound of entry with inverted margins 15 cm x 4 1/2 cm x bone deep, in upper half of left arm ; outer and front side fractured bones are visible. All the soft tissues are somewhat charred and the skin has blackening on its margins due to gun powder. (2) Lacerated gun shot wound of exit with averted margins 18 cm x 3 cm x bone deep back of left forearm upper 2/3 corresponding to injury no. 1 through and through. (3) Lacerated wound of gun shot exist with averted margins 10 cm x 2.3 cm bone deep in the left forearm upper part inner side. It also corresponds to injury no. 1.
(3.) THE internal examination revealed that about 8 Oz. of partially digested bread and dal was present in the stomach. In the opinion of the Doctor death was due to shock and haemorrhage caused by above ante-mortem gun shot injuries. The accused respondent denied his participation in the alleged murder and pleaded that he was falsely implicated in this case by Meharban Singh and Jamadar Singh due to enmity. According to him, the witnesses had deposed against him at the instance of Meharban Singh and Jamadar Singh. The accused respondent did not lead any evidence in defence.;