- (1.) J. C. S. Rawat, J. 1. This is a Government Appeal against the judgment and order dated 29-09-1980 passed by Sri B. B. L. Hajelay, the then Sessions Judge, Pithoragarh in S. T. No. 33/1979, whereby the respondent - Tej Singh was acquitted under section 302 IPC.
(2.) BRIEF facts of the case are that on 24-10-1979 Gopuli Devi PW2 and her husband-Prem Singh (deceased) were in their field at Bujartok. At about 4 pm they were weeding grass from their veg etable field. At some distance Pushpa Devi and Ganga Devi PW3 were also cutting grass. There was a Gadhera (small water channel) near the fields. The husband of Gopuli Devi PW3 went to pass motion towards that Gadhera and asked her to go home with vegeta bles. She, however, did not go home but remained in the field. She started cut ting grass and bushes in her field and at that time the sound of gun shot took place and her husband's words "oh Ram" fell in her ears. Gopuli Devi PW2 then saw towards her husband and saw the accused-respondent with a gun in his hand. At that time Pushpa Devi and Ganga Devi PW3 also reached there and the accused went upwards. Gopuli Devi PW2 then sent Pushpa Devi to give in formation at home and Trilok Singh and Dan Singh arrived at the spot with Pushpa. They carried the injured on the back and after arranging a 'doli' they carried him to Kanalichhina hospital where the injured has succumbed to his injures. Thereafter, on 25-10-1979 at about 8 AM Trilok Singh PW1 lodged a report before the Patti Patwari, Bishna Khan. The police investigated the mat ter and submitted the chargesheet before the court under section 302 IPC. The respondent-accused was charged under section 302 IPC by the trial court. The accused- respondent de nied the charge and claimed the trial. In order to prove its case, the prosecution has examined Trilok Singh PW1. He lodged the report. He had stated that on 24-10-1979 he was at his home. Pushpa Devi came to call him at about 4:45 pm and he went with her to Bujartok of village Khwatari where his brother Prem Singh (deceased) was ly ing wounded unconscious with the gun shot. His Bhabhi Gopuli Devi and Ganga Devi were present near the in jured who was unconscious. He was in formed about the occurrence by Gopuli Devi PW2. They carried the injured to Kanalichhina where the injured died. In the morning of 25-10-1979 Indra Bahadur (PW6), Patwari also came to the hospital where report Ex. ka. 1 was brought to him by Trilok Singh. The prosecution has examined Gopuli Devi as PW2. She was with her husband-de ceased on the date of incident in her field. Smt. Ganga Devi PW3 alongwith Pushpa Devi reached at the spot immediately after the incident and they saw the accused with a gun in his hand. Deh Ram PW4 was Incharge Asstt. Supervi sor Kanungo Kanalichhina. He arrested the accused-respondent and on pointing of the accused the gun used in the inci dent was recovered. He prepared the fard thereof. Deh Ram PW4 went to Didihat and handed over the accused alongwith sealed gun & fard to Indra Bahadur (PW6), Investigating Officer. Dr. C. R Singh (PW 5) was the medical officer and he conducted the post mortem of the deceased on 25-10-1979. The following ante-mortem injuries were found on the person of deceased : (i) Four gun shot wounds circular I/ 8" in diameter x chest cavity on the left side chest upper and outer part margins irregular and inverted. (ii) Sixteen gun shot wounds circu lar 1/8" in diameter into bone deep on the right side head front and outer part in an areas of 8" x 6" margins irregular. (iii) Eight gun shot wounds circular 1 /8" in diameter and skin deep on the right shoulder joint upper front in an area of 4" x 2" mar gins inverted and irregular. (iv) Abrasion 3/4" x 1/8" on the nose outer part oblique. (v) Abrasion 1/2" x 1 /8" on the left side check oblique 1/2" outer to injury no. 4 in the same direc tion. (vi) Four gun shot wounds circular I/ 8" in diameter and into bone deep on the right tigomatic pro tuberance margins inverted and irregular. (vii) One gun shot wound circular I/ 8" in diameter x eye ball deep over the upper lid. Eyeball col lapsed. (viii) Eight gun shot wounds circular 1/8" in diameter x chest cavity deep outer right side chest upper part in an area of 6" x 5". Mar gins inverted and irregular. (ix) One gun shot wound 1 /8" in di ameter circular x muscle deep on the front of left elbow joint. Margins inverted and irregular. (x) One gun shot wound 1 /8" in di ameter circular and skin deep outer upper part of abdomen. (xi) Two gun shot wounds 1 /8" in di ameter circular and bone deep on the front of right knee joint. Margins irregular and inverted. (xii) Eleven gun shot wounds 1/8" in diameter circular and bone deep outer front of left knee joint and front of leg margins irregular. On, internal examination of the dead body, one pellet on the right side of head under the skin was found. The doctor found the pleura punctured at the site of gun shot injury. The heart was empty and weighted 25 gm. Semi solid food containing rice and Dal was present. The doctor has opined that the duration of death was one day old. The doctor has proved the post mortem report Ex. ka. 5. The doctor has opined that the cause of death was shock and hemorrhage as a result of injuries.
(3.) THE prosecution has also ad duced the evidence of Indra Bahadur (PW6 ). He was the Investigating Officer of this case. Report Ex. ka. 1 was brought to him by Trilok Singh PW1. Indra Bahadur PW6 prepared Panchayatnama Ex. ka. C. , photo lash Ex. ka. 9, challan lash Ex. ka. 10 and site plan etc. THE in vestigation was taken up as usual which culminated into the submission of the chargesheet. The statement of the accused-re spondent was recorded under Section 313 Cr. P. C. The accused- respondent has denied the allegations and stated that he has been falsely implicated in this case.;