- (1.) THIS is an appeal under section 374 (2) Cr. P. C. against the judgment and order dated 16. 4. 1982 passed by Vth Additional Sessions judge, Budaun in Sessions Trial No. 378 of 1979 (State v. Ravindra) whereby the appellant has been convicted and sentenced to life imprisonment under section 302 IPC and two years rigorous imprisonment under section 324 IPC.
(2.) THE incident relates to murder of Ram Krishna son of Rudra Prasad resident of village Sathra Police Station Usehat District Budaun which took place in the year 1972. He had contested election of village Pradhan against Baba Vishal Das who was being supported by the appellant's father Ramdin. In the said election Baba Vishal Das defeated the deceased. After the said election appellant's father Ramdin was murdered. His son Hari Om lodged first information report in the matter against three persons namely Ram Kishan his brother Sri Ram P. W. I and Nazir. All the three faced trial and were convicted by the Sessions Court. In appeal they were however, acquitted by the High Court in the year 1974. This is said to be the motive for commission of present crime and killing of Ram Krishna by the present appellant. Ram Krishna aforesaid was killed on 29. 7. 1979 and his brother Sri Ram P. W. I lodged report of the incident on the same day at 12. 45 p. m. naming appellant as the sole accused. The incident is said to have taken place at 10. 00 a. m. under a Neem tree in a "kahristan" which is about 2-1/2 furlong south from the abadi of village Sathra. Sri Ram claiming himself to be an eyewitness stated in the first information report that Ram Krishna had gone to his field towards south east of the village abadi to deliver meals to a labour working in the field. This field was about 2-3, furlongs away from the 'kabristan'. On his way back Ram Krishna stopped in the Kabristan under a Neem tree in order to rest for a while because the sun was very bright. Under the same tree Nabboo P. W. 2 and Ram Swaroop who is uncle of the deceased also came and sat down, They all started smoking "bin". When the deceased did not return home till late, his brother Sri Ram finding the delay to be undue and apprehending some untoward incident on account of enmity with the sons of Ram Din, left his house for his field. At Kabristan he found all these persons sitting and he himself joined them. At about 10. 00 a. m. Ravindra arrived there with a country made pistol in his hand and addressing the deceased, shouted that Ram Krishna had killed his father, therefore, Ram Krishna would not be left alive. After saying this, without giving any opportunity to anyone of them, the appellant fired two successive shots from his gun on Ram Krishna. Both of them slruck him and he fell on the ground and died on the spot. Informant and his companions raised alarm whereupon the appellant wielded his gun and ran towards east. He found Buddhsen P. W. 3 coming towards the place of occurrence from east and on seeing him, the appellant shot a third fire in the air. It is claimed that in this incident Naboo P. W. 2 also received a single pellet injury in his abdomen. The appellant had run away leaving his 'chappals' there. A written report of the incident was lodged by Sri Ram P. W. I and in the said report it is mentioned that dead body was lying on the spot in the care of his family members and the pair of 'chappals' and two empty shells of the shot fired by the appellant were also lying on the spot. Ram Avadh Ram constable P. W. 9 registered the report as Crime No. 167 of 1979 under sections 302/307 IPC. On the report lodged by Sri Ram investigation of the crime was taken up by Raj Nath Singh P. W. 6, After due formalities dead body of Ram Krishna was sent for autopsy and post-mortem examination was conducted by Dr. A. K. Malpani P. W. 4 on 30. 7. 1979 at 2,30 p. m. The dead body was kept in Police Line, Budaun in the night between 29/30. 7. 1979.
(3.) IN the post-mortem examination, following ante-mortem injuries were found on the body of deceased Ram Krishna :- (1) Gun shot wound of entry 1 cm x 1 cm x brain deep on left side making a hole in the skull 9 cm above from It. ear. There was no blackening or tattooing present. One big pellet was recovered from brain cavity Lt. side. (2) Gun shot wound 1 cm x 1 cm x scalp deep on left masioid region. One pellet was recovered. (3) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. side chest 9 cm above from Rt. Nipple at 12 'o' clock position. (4) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. Side chest 6 cm lateral and anterior to injury No. 3 at anterior axillary line. (5) Gun shot wound of entry 1 cm x 1 cm x skin deep on top of Rt. Shoulder joint. (6) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. scapular region upper part. (7) Gun shot wound of entry 1 cm x 1 cm x muscle deep 6 cm lateral to injury No. 6 (8) Gun shot abrasion 5 cm x 2 cm x 4 cm lateral to injury No. 1 (9) Gun shot wound of entry 1 cm x 1 cm x bone deep 4 cm below & medial to injury No. 6, one pellet was recovered. (10) Gun shot wound of entry 4 cm below & lateral to injury No. 9 measuring 1 cm x 1 cm muscle deep. (11) Gun shot wound of entry 1 cm x 1 cm x brain deep 7 cm lateral to injury No. 10. (12) Gun shot wound of entry 1 cm x 1 cm x cavity deep on inferior angle of scapula. (13) Gun shot wound of entry 1 cm x 1 cm communicating to wound of exit on Rt. Side scapular region upper part. (14) Gun shot wound of Exit 2 cm x 2 cm communicating to wound of entry (injury No. 13) on Rt. Side shoulder on anterior aspect of chest 1 cm above clavicle. (15) Gun shot abrasion 1. 5 cm x 1 cm on mid line back upper third. (16) Gun shot abrasion 4 cm x 1 cm on back left side 1 cm from mid line. (17) Gun shot abrasion 3 cm x 1 cm over back of left scapular region medial border. (18) Gun shot wound 1 cm x 1 cm x skin deep on scapular region medial part. (19) Gun shot wound of entry 1 cm x 1 cm x skin deep on left shoulder. (20) Gun shot abrasion on dorsum of left wrist joint. (21) Contusion 6 cm x 3 cm on left side of deltoid region. (22) Contusion 6 cm x 3 cm on the left side of chest 2 cm below left nipple. (23) Contusion 6 cm x 2 cm on lateral r side of left leg upper IIIrd about 4 cm below and lateral to lower border of the left patella. (24) Abrasion about 2 cm x 2 cm over left side of back about 2 cm to T-12 vertebra spine. The doctor also found fracture of right humorous bone. In the skull a hole of 1 cm x 1 cm on left parietal region under injury No. 1 was found. Membranes were punctured. Brain was lacerated on left side. First left side rib was fractured. Pleura was found ruptured on both sides. Both lunges and pericardium were ruptured and the heart was found punctured. Seven pellets were recovered from the injuries. The stomach of the deceased was empty. Fluid and gas were found in small intestine but in the large intestine faecal matter and fluid were found. In the opinion of the doctor, the death had resulted from shock and haemorrhage as a result of ante-mortem injuries. The doctor had received ten papers from the police along with the dead body.;