G.P.SRIVASTAVA, J. - (1.) THIS is an appeal by the appellant Ramesh alias Dingar against the judgment and order dated 8 -3 -1982 passed by the learned VII Additional Sessions Judge, Allahabad in Session Trial No. 67 of 1981, State v. Harish Chandra and Ramesh alias Dingar P.S. Mutthiganj, Allahabad, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant to rigorous imprisonment for life under Section 302 read with 34, I.P.C. and three years rigorous imprisonment under Section 307 read with 34, I.P.C. Both the sentences were made concurrent.
(2.) THE prosecution case in brief is that on 26 -9 -1980 at about 4.00 p.m. deceased Ganga Ram alongwith his friend Kanhaiya Lal came out of the house of one Chhotey Lal Gupta situated on southern Patari of Salikganj road. Kedar Nath was present in front of his house and was talking with one Anil. In the meantime accused Harish Chandra, Kailash Chandra and appellant Ramesh alias Dingar were seen on the shop of Harish Chandra. The accused Harish Chandra extorted to kill them. At that time accused Harish Chandra was armed with country made pistol, Kailash Chandra was armed with country made pistol and a bag in his left hand. On the extortation of accused Harish Chandra, accused appellant Ramesh alias Dingar picked out a bomb from the bag hanging in the hand of accused Kailash and thrown over the deceased. The bomb hit back side of the deceased and he fell down. Accused Kailash had also hurled a bomb which hit the hand of the deceased, leg of Kanhaiya Lal and one Ram Kishan who suddenly reached there. In the meantime Ram Dularey father of the deceased came to rescue them. The accused Harish Chandra fired upon him by country made pistol which hit the leg of the father of the deceased. Thereafter the accused persons fled away. The deceased was taken to Swaroop Rani Nehru Hospital. He dictated the written report to Kedar Nath who scribed the written report Ext. Ka -1 and submitted at police station Mutthiganj where a chick F.I.R. was lodged. The injuries of deceased were examined by Dr. A.K. Dubey E.M.O. Swaroop Rani Nehru Hospital, Allahabad on 26 -9 -1980 at about 4.30 p.m. The doctor found following injuries on his person : (1) Lacerated wound 6" x 5" Size over Lt. Buttock bone exposed. Blackening tattooing present, fresh bleeding present. (2) Multiple fire -arm wound present over left arm blackening present size varying from 1/10" x 1/10" to 1/6" x 1/6" fresh bleeding present. The injuries of Ram Dularey, Ram Kishan and Kanhaiya Lal were also examined on the same day by the same doctor. The deceased was admitted to Swaroop Rani Nehru Hospital, Allahabad where he died on 30 -9 -1980 at about 3.45 p.m. His autopsy was conducted by Dr. Sharad Kumar on 1 -10 -1980 at about 4.15 p.m. The doctor found following ante -mortem injuries on his person : (1) Operated wound 9" x 9" x muscle deep on the Lt. Side of the Buttock, Lt. Lower limb has been removed. Acetabulum of the Lt. hip bone seen. Maggots crewling. (2) Six incised operated wounds present in an area of 10" x 6" muscle deep on the Lt. side of the Abd. (3) Multiple fire -arm wounds present on the Lt. Arm. Blackening absent. Size varying from 1/10" x 1/10" to 1/6" x 1/6"
(3.) ACCORDING to the opinion of the doctor the cause of death was operative shock and haemorrhage.;