- (1.) R. K. Rastogi, J. This is an appeal against judgment and order dated 29. 6. 1981 passed by Sri B. B. S. Chaudhary, then XIth, Addl. Sessions Judge, Kanpur in Sessions Trials No. 328 of 1979 and 298 of 1980, State v. Ram Babu and others.
(2.) THE facts relevant for disposal of this appeal are that on 2. 9. 1979 a F. I. R. was lodged by Bhajan Lal at 11. 30 P. M. at police station Kakwan district Kanpur, in which he staled that on the aforesaid date at about 8. 30 P. M. Ram Saran Bahelia came to his house from Ambari Har and told him that his brother Raj Kumar Pradhan had been murdered in Usar land between village Anayee and Sargavan and then Bhajan Lal and a large number of persons residing in village Nadiha went to that place and they saw dead body of Raj Kumar in that field of Mohan Lal Dhanuk of Sargavan. He had injuries upon his body. His cycle was lying there and another cycle and one pair of Chappals were also lying there. THEn he left his brother Raghubanshi and other persons of the village there and went to the police station and lodged the report. On the basis of above report the police registered case crime No. 130 of 1979 against the unknown culprits and took up its investigation. The dead body of deceased was sent for post-mortem examination and it was performed on 4. 9. 1979 at 2. 15 P. M. The deceased had the following ante-mortem injuries upon his body: 1. Gunshot wound of entrance circular 1 cm x 1 cm on the right side of face, just close of Rt. eye brow. Blackening present and margins of wound inverted and lacerated. 2. Gunshot wound of exit 1-1/2 cm x 1 1-1/4 cm close to Rt. Alkinasi, margins lacerated everted. No blackening present. Shot passed underneath the zygomatic bone fracturing maxilory sinus and right nassel, and went through right alunisy. 3. Incise wound 4-1/2 cm x 1 cm x scalp deep on Rt. side of head 8 cm above Rt. ear. Incised wound 3-1/2 cm x 1 cm x bone deep on the front of head, 7 cm above the edge of nose. Bone underneath partially cut.
(3.) GUN shot wound of entrance circular 1 cm x 1 cm. on the left arm in middle portion. Margins inverted. Blackening present around the wound. Gunshot wound of exit 1-1/2 cm x 1 cm on upper arm margins, lacerated and everted wound No. 5 and 6 connecting with each other.;