- (1.) N. S. Gupta J. The accused appellant Sher Singh who was convicted by Sri C. P. Singh, the then Sessions Judge Uttarkashi vide his judgment and order dated 20-12-92 and was sentenced to undergo imprisonment for life under Section 302, I. P. C. has come up in appeal before this Court.
(2.) THE prosecution story briefly stated was as follows: The accused-appellant Sher Singh and the deceased Ram Lal Singh were posted as Hawaldar and Nayak respectively of Indo-Tibbat Boarder Police at Sonam Outpost in district Uttarkashi. On 11-12- 91, consable Harendra, P. W. 1 and Ranveer Singh, P. W. 2 went to Sonam I. T. B. P. Outpost in district Uttarkashi for relieving constable Prem Pal and Lalit Giri where the accused-appellant Sher Singh was working as Hawaldar. They gave their movement order to Sher Singh. On 12-12-91 accused-appellant Sher Singh got the movement of Prem Pal and Lalit Giri and Nayak Swaroop prepared by the deceased Ram Pal. In the evening of 12-12-91 while Harendra, Ranvir Singh and Inder Narayan were taking meals, the accuse-d-appellant told something to the deceased Ram Pal. Ram Pal said that the accused was a G. D. Hawaldar and that he could do nothing to him. The deceased asked the accused-appellants not to talk to him through his Hawaldar. The deceased, the accused and the other constables slept in the hut during the night. On the next day viz. 13-12-91, constable Harendra P. W. 1 and Ranvir Singh, P. W. 2 prepared breakfast and took the same along with Harendra, Sher Singh. The deceased Ram Pal had gone to take bath. Thereafter they prepared the lunch. The deceased Ram Pal was there with these persons while preparing the lunch. The accused-appellant was there in his hut. Constable Harendra Singh, P. W. 2, Ranvir Singh, P. W 2 and deceased Ram Pal took their lunch inside the kitchen. The lunch of the accused-appellant was kept on his table in the hut. After taking the lunch the deceased Rani Pa! lay down on his charpai. The accused-appellant Sher Singh was sitting on his charpai. The charpai of the accused -appellant and the deceased were in front of each others. Constable Harendra, P. W. 1, Ranvir Singh, P. W. 2 and Inder Narayan, P. W. 4 were basking in the sun outside the hut. At about 2. 00 p. m. they heard the noise of fire. Hearing the same, they went inside the hut and enquired as to how the fire was made. Thereupon the accused-appellant said that he has shot at the deceased Ram Pal. The accused-appellant gave his rifle to constable Ranvir Singh, P. W. 2 who kept the rifle near the wall. The accused-appellant said that whatever he has done, he has done after full understanding and that no harm would be caused to anybody. Thereupon Indra Narayan, P. W 4 asked Harendra, P. W. 1 to take care of the accused-appellant. He asked Ranvir Singh, P. W. 2 to take care of the injured Ram Pal who was bleeding. The deceased Ram Pal was crying he was demanding water and was saying that the accused-appellant Sher Singh has shot at him. Constable Ranvir Singh brought water but by that time the deceased became unconcious. Hawaldar Indra Narayan, P. W. 4 flashed a message about this incident to his concerned officers at about 2. 30 p. m. Thereafter at about 4. 50 p. m. Subedar T. Sumla, P. W. 7 along with a medical sepoy and certain others reached there. They brought the deceased and the accused to Naga Post. From Naga Chauki Commander T. Sumla took the deceased to Neelong Chauki for proper medical aid to the deceased. The doctor there declared the deceased Ram Pal as dead. F. I. R. about this occurrence was lodged by Sri B. S. Paul, P. W. 5 at Police Station Maneri on 13-12-91 at 7. 45 p. m. The police station Maneri lies at a distance of about 118 Kms. from the scene of occurrence. Investigation of the case was immediately taken up by S. I. Shyam Vir Singh, P. W 11 who was they working as Station Officer at police station Maneri, district Uttarkashi. He rushed to the I. TB. P. Outpost, Neelong on 14-12-91 and got the dead body of the deceased sent to police station Maneri where the inquest report was prepared by S. I. Deepak Singh, P. W 8, S. I. Shyam Vir Singh went to outpost Sonam on 15-12-91. He inspected the scene of occurrence and prepared a site plan Exh. Ka. 16. He recorded the statement of constable Indra Narayan, P. W. 4, He recovered the empty cartridge from the charpai of the deceased. He prepared the recovery memo Exh. Ka. 7 about the same. He recovered blood-staind bed- sheet from the bed of the deceased. He took in his possession the sleeping bag belonging to the deceased as also the blood-stained clothes which the deceased was wearing at the time of the occurrence and prepared recovery memos about the same. He recovered a piece of metal and blood stained earth from the scene of occurrence. He also took in his possession the rifle bearing No. 6329 which was allotted to the accused and which was used by him in committing the murder of the deceased from inside the hut. On 16-12-91 he recorded the statement of Commander T. Sumla of I. T. B. P. and S. I. , Jaipal Singh, constable Luxmi Prasad, constable Durlabh Singh, constable Ranvir Singh, constable Harendra Singh and other witnesses. On 17-12-91 he obtained a copy of the wireless message through which the news of making fire by the accused -appellant was flashed. He also obtained copies of the movement orders of accused-appellant Sher Singh, Lalit Giri and Prem Pal. On 18-12-91, he recorded the statement of S. J. Deepak Singh, S. I. Madan Singh. He also obtained a copy of the post- mortem report and submitted a report to the S. D. M. , Uttarkashi for recording the statement of the accused under Section 164, Cr. P. C. On 19-12-91, he recorded the statement of constable Lekhraj Singh and Sushil Kumar and Preetam Singh of police station Maneri and after concluding his investigation he submitted a charge-sheet against the accused-appellant on 5-2-91.
(3.) THE autopsy on the dead body of the deceased was conducted by Dr. J. K. Singh, P. W. 6 on 16-12-91 at about 12. 30 noon who found the position of the deceased as under: The deceased was aged about 23 years. He died about three days back. His body was average built. Rigor mortis partially passed off in the neck and was present in the rest of the body. Ante-Mortem Injuries: (1) Wound of entry - margin inverted gun shot wound measuring 112 cm. x 1/2 cm in front of right chest. 2 cm. upward from nipple (right) in the line 2 o' clock posterialy surrounded by blackening in area 1 cm around. (2) Wound of exit - gun shot wound measuring 4 cm. x 3 cm margin inverted, just left to scapula. Both wounds were correlated, 2nd and 3rd vertebrae broken, 2nd rib broken beneath the wound of exit.;