B.C.Kandpal, J. - (1.) This criminal appeal has been preferred by the appellant against the judgment and order dated 10-08- 1987, passed by the Special Judge/addl. Sessions Judge, Nainital, in S. T. No. 216/1984, whereby the accused/appellant was held guilty for an offence U/s 302 I. P. C. and sen tenced to undergo imprisonment for life.
(2.) THE prosecution version which led to the trial of the accused/appellant is as follows : Janardan Pathak was the Gate keeper of Tada Crossing Peepal Parao Range. On 17-6-1984, in between 6. 50 P. M. and 7. 15 P. M. , at Tanda crossing, P. S. Lalkuan, when Janardan Pathak was coming from his hut and proceed ing towards tea shop, accused/appel lant Mahendra Singh (hereinafter called as appellant), who was a police consta ble, fired shot at him with his service gun, who died on the spot due to gun shot injury. THE motive for commission of murder of the deceased was that the deceased had complained to the Head Constable PS. Lalkuan about the wrong activities of the accused. After the incident, the appellant informed the police that shot was fired from his serv ice gun and got a case registered at PS. Rudrapur under Sections 342, 353, 332 I. P. C. THE rifle and cartridges were deposited at the police station vide fard Ext. Ka. 5. THE appellant had also inju ries on his person, hence he was sent to hospital along with Head Moharir for treatment. S. I. J. P. Singh along with po lice force went at the place of the inci dent. At the spot D. F. O. and A. C. F. were present and they wanted that the inquest of dead body of deceased be got done by S. D. M. , hence the dead body of the deceased was brought to RS. Rudrapur and the inquest on the dead body was performed by Addl. S. D. M. on 18-6-1984 in between 10-30 A. M. and 11. 00 A. M. and inquest re port, Ext. Ka. 2 was prepared and sealed the dead body. THE Addl. S. D. M. got prepared police form No. 33, Ex. Ka. 15, sketch dead body, Ext. Ka. 18, sample seal, Ext. Ka. 19, let ters to Medical Officer, Civil Hospital, Haldwani Ext. Ka. 16 and Ka. 17, and sent the dead body for post mortem. The post mortem on the dead body of the deceased was conducted by the Medical Officer, Civil Hospital, Haldwani on 18 -6 -1984 at about 3. 30 RM. The Medical Officer has found the following injuries on the person of the deceased : (i) Gun shot wound 1 cm x 3/4 cm oval in shape on right side chest. Cavity deep. Inverteral margins, 13 cm below and lateral to right nipple and 16 cm above the right iliac crest with tattooing around the wound. (ii) Wound of exit 9 cm x 9 cm left side abdomen, 5 cm lateral to umbilicus, 16 cm below the left nipple. Margins were irregular and everted and cavity deep. Loops of intestine coming out. In the opinion of the doctor the death was caused due to shock and haemorrhage. The death was caused about one day ago. The Post mortem examination report is Ext. Ka. 11. The incident was witnessed by Chatur Singh, Jagdish Chandra Kothari, Forest Guard, Dungar Singh, watchman, Indra Singh Negi and Ramesh Chandra Joshi. Chatur Singh informed Ram Kishore Singh about the incident, who went to Police Station, Lalkuan and handed over the written report, Ext. Ka. 1 to S. H. O. On the basis of written report, chick F. I. R. , Ext. Ka. 8 was prepared on the same day, i. e. , 17 -6 -1984 at 8. 45 PM. Case crime No. 94/1984 U/s 302 I. P. C. was registered against the appellant on the same day as per report No. 30 at 8. 45 P. M. , Ext. Ka. 9, by Head Constable Ramanand Tyagi.
(3.) THE investigation of the case was conducted by Ajai Pal Singh. On 17 -6 -1984 he went at the spot and took into possession the blood -stained and simple earth vide recovery memo, Ext. Ka. 4. THE blood - stained earth and the Tahmad, underwear and undershirt of the deceased were sent for chemical ex amination. THE Chemical Examiner has submitted its report, Ext. Ka. 27. Ac cording to this report the earth, Tahmad, underwear and undershirt had disintegrated blood -stains. He re corded the statement of Chatur Singh and on 18 -6 -1984 inspected the spot and prepared site -plan, Ext. Ka. 6, of the place of occurrence. On 19 -6 -1984 the I. O. took into possession a rifle and a 303 bore cartridge duly sealed from PS. Rudrapur and handed over at PS. Lalkuan, the entry of which was made at report No. 39 at 0. 45 P. M. , Ext. Ka. 10. On transfer of this witness, the rest investigation was conducted by S. O. B. K. Juyal, who after completion of investigation, submitted charge sheet, Ext. Ka. 7 against the appellant. After the appellant was commit ted to the court of Sessions, the trial Judge charge U/s 302 I. PC. against the appellant to which he pleaded not guilty and claimed to be tried.;