N. L. Ganguly, J. - (1.) APPELLANT Murli filed this appeal against the judgment and order dated 19.1.1979 passed by the Sessions Judge, Etawah, convicting the appellant under Section 302, I.P.C. and sentencing to life imprisonment.
(2.) ORAL F.I.R was lodged at the P. S. Ajeetmal on 25.5.1977 at 3.30 a.m. by Randhir Singh, deceased himself, naming the appellant Murli having assaulted him with firearm. The deceased-informant stated that he was assaulted at the Khalihan situate in village Gokulpur at 9.30 p.m. on 24.5.77. He named the appellant as the assailant having caused firearm injuries to him. He named Sipahi Ram and Ram Autar as witnesses who had seen the assailant in the moonlight assaulting him. The police station is 4 miles from the place of occurrence. The prosecution case is that Randhir, deceased was a resident of the village Gokulpur. Prior to the occurrence, Gur Narayan and Jay Narayan had obtained a sale-deed of some land from Smt. Kaushalya, mausi of the appellant Murli. Next day after the execution of the sale-deed Smt. Kaushalya accompanied by the accused had come to the appellant at his baara. The appellant had told the informant-deceased that on previous date, Rs. 5,00 had been paid less in connection with the sale-deed. There were heated exchanges between the two. According to the prosecution, on the date of occurrence, Sipahi Ram, Randhir (deceased) and Ram Autar were lying on the cot in the plot of Cheda Lal. Their Khalihans were also lying there. It was a moonlit night at. 9.30 p.m. they were talking to one another. Then Murli appellant came there armed with a tamancha in his hand. He talked to Randhir, deceased in connection with the sale-deed executed by Smt. Kaushalya and then accused appellant fired a shot at Randhir. After that, Murli appellant escaped. Slpahi Ram and Ram Autar tried to apprehend him but out of fear, they did not move ahead and the appellant had made good his escape. On the alarm raised by the witnesses, Chotey Lal, | Pancham, Padam and many other persons came there. Sipahi Ram, Ram Autar and Randhir told those persons that Murli, appellant ran away after firing at Randhir. Randhir victim was made to lie on his cot and the cot was taken to the police station Ajeetmal. As already stated, F.I.R. was dictated by the victim Randhir himself to the head constable at P. S. Ajeetmal at 4.30 a.m. After registering the case, the victim was sent for medical examination to the District Hospital, Etawah where he was examined and on 27.5.77 Randhir victim succumbed to his injuries in the hospital at Etawah. S. I. Shri Netrapal Singh of P. S. Kotwali prepared the inquest report of the dead body of Randhir and the dead body was sent for post-mortem examination along with the necessary papers through constable. Rais Ahmed, S. I. I/C Ajeetmal was not present at the police station at the time of recording of the F.I.R. He received copy of the F.I.R. and made entries in the general diary at the door of Chaudhari Lal Singh. He after receiving the information, rushed to the police station and there recorded the statement of victim Randhir under Section 161, Cr. P.C. Rais Ahmad, S. I. thereafter recorded the statement of Chhotey Lal and the injured was went to the District Hospital, Etawah, as his condition was quite serious. Thereafter, he recorded the statement of Pancham, Padam, Ramadhar and Ram Gopal. Then he left the police station and arrived village Gokulpur at about 3.30-4.00 a.m. He could not find out the appellant Murli. The other villagers were not available as it was dark. In the morning, Rais Ahmad, S.I. sent to the scene of occurrence, where he met Sipahi Ram, prepared the site plan, recovered blood stained and plain earth from the scene of occurrence and also recovered a pellet from the spot. The appellant was not available. The Sub-Inspector interrogated Sub-Registrar, Tahsil Auraiya and Sri Rajendra Singh on 18.6.77. The appellant was not apprehended. Proceeding under Section 82/83, Cr. P.C. was taken. Thereafter, Murli appellant surrendered before the Court on 17.6.77.
(3.) IN support of the prosecution case, eye-witness P.W. 1 Sipahi Ram and P.W. Ramadhar were examined. P.W. 2 Dr. Chandra Prakash, who had conducted the post-mortem examination of the deceased, was examined. P.W. 5. Dr. S. D. Misra of the District Hospital, Etawah whose injury report showing the injuries on the person of the deceased Randhir, was also examined. P.W. 3 Netrapal Singh proved the inquest report after duly preparing the inquest report. He prepared photo-lash, challan-lash and sent them along with a letter to the Chief Medical Officer. P.W. 6 Rais Ahmad had investigated the case and has submitted the charge-sheet. Constables Daya Ram Misra, Ram Shehi Lal and Ram Rakshpal Singh had filed affidavits as formal witnesses which had been proved and marked as Exts. Ka. 19, Ka. 20 and Ka. 23. Bhola Singh, Constable, Ram Prakash and B. Rai, Firearms Expert have also been examined as court witnesses. There was no defence witness examined in the case.;