- (1.) BARKAT Ali Zaidi, J. The abovenamed accused appellant Rakesh alongwith co-accused Sukhvir and Pawan were tried by the VIIth Additional Sessions Judge, Ghaziabad, in S. T. No. 89 of 1981, under Section 302/34, I. P. C. , who found accused-appellant guilty under Section 302, I. P. C. and awarded him life imprisonment, and acquitted the remaining two accused, vide judgment and order dated 23-2-1982. That is what brings the appellant in appeal here.
(2.) THE incident took place 26 years back and the guilt of the accused is yet to be finally determined. Such enormous delay is detrimental to justice, and indicates that the justice Apparatus needs to be refurbished. It is high time, be did, something about it instead of pouring lamentations. According to the prosecution version, father of the complainant P. W. 1 Ram Singh had given a loan of Rs. 2,000/- to one of the accused Pawan, brother of the present appellant Rakesh about 4 years prior to the incident in question. Despite several demands, accused-Pawan did not repay the loan. Around 2 years back, there was some altercation on this issue between Pawan and deceased Mahendra son of the complainant which caused bad blood between them. It is said that on 17-2-1981 at about 5. 00 p. m. , when deceased Mahendra alongwith his brother P. W. 2 Vidya Bhushan were returning to their village Hridaipur Mandol and reached near chak of Mangaroo, the accused accosted them, and said, that they will repay their loan today, and as alleged accused-appellant Rakesh fired at Mahendra, which hit his back, in consequence whereof, Mahendra died instantaneously at the spot. On raising alarm by Vidya Bhushan, his brother Ramesh Chandra and one passer by PW-3 Rich Pal came there and the accused run away towards the South. Vidya Bhushan went to the village, informed his father Ram Singh, who came at the place of occurrence, got a written report Ex. Ka-1 scribed, which he produced at police station Modinagar on the same evening at 7. 30 p. m. The police registered a case under Section 302, I. P. C. against the accused and investigation of the case was assigned to P. W. 6 S. I. Om Prakash Sharma, who went on the spot and after completing the legal formalities, sent the dead-body of deceased Mahendra for post-mortem examination to District Hospital, Ghaziabad where on 18-2-1981 at 4. 45 p. m. P. W. 4 Dr. A. S. Soodan Medical Officer, conducted the post-mortem, and on internal examination found fracture, of frontal and partial of both side occipital on left side, membrances lacerated at places of fracture. Fracture anterior and middle of the base of skull and following ante-mortem injuries on person of Mahendra and opined that the cause of death is Shock and Haemorrhage as a result of ante-mortem injuries, vide post-mortem report Ex. Ka-2. ANTE-MORTEM INJURIES : 1. Wound of entry 0. 75 cm. in shape with Rt side temporal region 7 cm. from the Tragus of Rt. Ear at 1. 30 O'clock position. Margin inverted, Hair present. 2. Wound of exit e. 15 cm. x 1 cm. in skull cavity deep in the Lt. Side Head back side behind the Lt. Ear, 9 cm. from the Lt. Tragus at 2 O' clock position. Brain matter coming out from the would margin everted. " P. W. 6 S. I. Om Prakash Sharma after completing the investigation challaned the accused under Section 302 Indian Penal Code in the Court.
(3.) IN support of it's case, the prosecution examined P. W. 1 Ram Singh, P. W. 2 Vidya Bhushan, P. W. 3 Richhpal, P. W. 4 Dr. A. S. Sudan, P. W. 5 H. C. Tejvir Singh who instituted the case crime and wrote the chick F. I. R. and P. W. 6 S. I. INvestigating Officer Om Prakash Sharma, in the Court. The case of the accused is of denial simpliciter and that they have been falsely implicated. In defence, only accused Pawan produced D. W. 1 Dr. J. C. Juneja, D. W. 2 Dr. D. S. Das, D. W. 3 Sewa Ram and D. W. 4 Krishna in the Court.;