- (1.) THE appellant Sant Ram was tried by Sessions Judge, Kannauj in Sessions Trial No. 191 of 1999 for offence under Section 302 I. P. C. and was convicted for life imprisonment for the said offence vide impugned order dated 28-4-2000, which conviction and sentence has been challenged by him in the instant appeal.
(2.) ACCORDING to the prosecution allegation in thumb bail description appellant called the deceased on 19- 1-1999 a false pretext of looking the crop and after proceeding about a kilometre shot dead the deceased Shiv Charan in the wheat field of Mohan Lal in between village Patiyan and Akuran at 4. 00 p. m. On that day. The fire shot attracted informant Ram Narayan father of the deceased, Ram Avtar and other villagers of village Patiyan who saw the incident. The accused made his escape good thereafter. Informant got the F. I. R. scribed through Shiv Narayan and lodged it at police station Kannauj on the same day at 6. 15 p. m. , covering a distance of 9 Kms. as crime No. 41 of 1999. The motive for the murder was stated to be old enmity. P. W. 6 Raj Bahadur Singh on the basis of Tahrir Exhibit Ka-1 prepared chik F. I. R. Exhibit Ka-2 and the G. D. entry Exhibit Ka- 3. S. I. Ramesh Chandra Sharma P. W. 7 started the investigation recorded the statement of informant and Head Constable P. W. 6 Raj Bahadur Singh at the police station. He conducted the inquest on the dead-body (Exhibit Ka-4) next day morning between 8. 00 a. m. to 9. 30 a. m. and handed over the body to Constable Harish Kumar and Ram Gyani for carrying it to mortuary alongwith relevant papers photolass, challanlass etc. etc. which he proved as Exhibit Ka-5 to Ka-8. He also prepared the recovery memo of the slippers of the deceased (Exhibit Ka-9) and the recovery memo of the money found in the pant pocket and the deceased as Exhibit Ka-10. He also proved site plan the Exhibit Ka-11. Rest of the investigation was conducted by officer-in-charge of police station R. P. Shukla who submitted the charge-sheet against the appellant as Exhibit Ka-12. Post-mortem examination on the dead-body of the deceased was conducted on 20-11-1999 at 4. 45 p. m. and following anti-mortem injuries were found on his body : (1) Fire-arm wound of entry 1 cm x 0. 5 cm through and through over right. Shoulder, Upper part margins inverted abraded and echymosed with communicating wound of 2 cm x 1. 5 cm over left Lateral of chest, margins everted and lacerated. (2) Fire-arm wound of entry 1 cm x 0. 5 cm through and through on the left side of chest 10 cm below left Nipple at 7 O'clock position with communicating wound of exit 1. 5 cm x 1 cm over post lateral, aspect right side of chest margins were everted lacerated left to right and backward. In the opinion of the doctor, this death had occurred on account of shock and haemorrhage due to ante- mortem injuries.
(3.) PROSECUTION in order to bring home the charge against the appellant examined seven witnesses as P. W. 1 Manni, P. W. 2 Ram Awtar, P. W. 3 Amar Singh, P. W. 4 Ram Naryan, P. W. 5 doctor Sudhanshu (Post-mortem Doctor), P. W. 6 Raj Bahadur Constable (who prepared the chik F. I. R. and G. D.) and P. W. 7 R. C. Sharma (I. O. ). Shiv Nath scribe of the F. I. R. was examined as C. W. 1.;