S.K. Kaul, J. - (1.) THIS Sessions Trial arose out of a murder committed of Sri Saheb Singh, Station Officer, Maigalgunj. According to the prosecution story, Saheb Singh, accompanied by Gajadhar Prasad Tewari, Sub -Inspector, had gone to the Court of Addl. Sessions Judge, Kheri, in connection with a case registered under Section 395/397 IPC, State v. Ram Chandra and others. Constable Brij Kishore Misra, who lodged the F. I. R. which set the law in motion, so far as this murder is concerned, is also said to have accompanied the aforesaid officers. After finishing the work at Kheri on 25 -4 -1975 these three persons had boarded bus no. 2193 U. S. H. and were coming back to Police Station Maigalgunj. The bus stopped at Aurangabad Bus Stand and then left aforesaid Bus Stand at about 7.30 p. m. and when it reached tiraha, situated on Lakhimpur Road, Sub -Inspector, R. P. Sharma, and Constable Ram pass, who were returning from their Halqa, boarded this bus at that tiraha. Apart from these two persons, Ram Gopal, Mani Ram, Ram Prakash, Atma Ram and Aziz also boarded this bus. Out of these persons, Atma Ram, Mani Ram and Ram Prakash, were implicated in this murder. It is alleged that when this bus reached near Sadariapur at about 8 p. m. Atma Ram asked the driver to stop the bus inasmuch as he wanted the driver to bring from the roof of the bus his balti and plate. According to the prosecution, there was not only light inside the bus both the head -lights of this bus were on. The driver stopped the bus and climbed up the roof. Mani Ram, Atma Ram and Ram Prakash got down from the bus and stood on the back side of the station officer. Atma Ram asked Mani Ram not to miss. Ram Prakash also gave a sign and thereupon Mani Ram took out his country made pistol from the Jhola and is said to have fired at the Station Officer by putting his pistol on the back of the Station Officer The Station Officer shouted in agony also reeled towards Sub -Inspector Tewa(sic) These three accused thereafter starts running away by first coming in the front of the bus of which the head lights were on and then running away towards north in the direction of galiyara. A chase was given to these persons by several persons including Ajay Kumar, Mahesh Singh, Jagdeo Singh, Rajendra Singh Kheoraj alias writer, Ramadhin, Sheo Kumar as well as Sub -Inspector Sharma and Constable Brij Kishore, but in vain. On return from chase Constable Brij Kishore is said to have picked up a fired cartridge from the road. Thereafter, the bus was brought to Maigalgunj where passengers were made to get down and Brij Kishore lodged F. I. R. at P. S. Maigalgunj on the same date at about 8.30 p. m. and also handed over the blank cartridge. Distance between the scene of occurrence and police station is about two and a half miles. The blank cartridge was sealed at the police station and a memo Ext. Ka -14 of the same was duly prepared. Thereafter, Sub -Inspector Tewari and Constable Ram Das on that very bus took Station Officer to Sitapur Hospital. It may be. noted here that initially the (sic) I. R. was taken down under Section 307 IPC. The motive for this crime according to this F. I. R. was that there were strained relations between the deceased, on one hand, and Mani Ram, on the other, in connection with the recovery of brother woman. There were also strained relations between Swami Dayal dacoit, on one hand, and the deceased, on the other and on several occasions Mani Ram had threatened the Station Officer. About two months and twenty -one days ago, the deceased has arrested Ramesh and others under Section 151, Code of Criminal Procedure and had also attached the land which these persons wanted to take possession of. Ramesh and others were in this connection frequently visiting Mani Ram and Ram Prakash. All these three persons were said to have joined in the commission of this crime. Saheb Singh is said to have died on the way to Sitapur with the result that Sub -Inspector, Udai Narain, posted at Kotwali, Sitapur, was deputed to prepare an inquest report which he did in the District Hospital on 26th April, 1975, and after sealing the dead body, he despatched it for autopsy. Autopsy upon the dead body was conducted by Dr. Narendra Singh Uppal, Medical Officer, Incharge P. A. C. Hospital XI B, Sitapur, on 26th April, 1975, at about 11.45 a.m. The following ante -mortem injuries were found upon the dead body : 1. Nine gunshot wounds 1 cm. x 75 cm. each with inverted margins in an area 10 cm. x 6 cm. over the back of the left chest in the left intra scapular region.
(2.) TWO gunshot wounds 1 cm. x 1 cm. each with inverted margins over the front of the left chest in the infra -clavicular region. The internal examination revealed fracture of 3rd, 4th and 5th on the left side infront and fracture of 7th & 8th ribs on left side behind. There was perforation on the left side containing three pounds of blood clots. Six shots were recovered from the muscles over the left chest. Left lung was perforated. Heart was empty on both sides. Stomach contained two ounces of watery fluid. Both intestines were empty. Death, according to the doctor, was caused due to shock and haemorrahage on account of ante -mortem gunshot injuries which, in his view, were sufficient in the ordinary course to cause death. 2. The information about death of Station Officer, Saheb Singh was conveyed to Maigalgunj which was received at about 12.30 in the night in between 27th April, 1975, and consequently the case was amended as one falling under Section 302 of the Indian Penal Code. Investigation initially was taken up by Sub -Inspector, Kaushik of P. S. Maigalgunj on his return to Miagalgunj from Kheri. He reached Sitapur at about 11.15 p.m. and interrogated Constable Brij Kishore. He interrogated the bus driver and conductor Mohabbat Ali. He inspected the bus and he found a lot of blood on the seat as well as on the back. He took possession over blood -stained rexin of the back, blood stained rexin of the the seat as well as stitiching. He sealed them in a bundle and prepared a memo. Raja Ram driver was said to have given him from the roof of the bus a bicycle, a balti, and a plate which were taken possession of by Kaushik who prepared a memo of the same. He interrogated Sub -Inspector Gajadhar Prasad and thereafter investigation was taken over per orders of the Superintendent of Police by Sri Ram Khelawan, Circle Inspector. He went to Maigalgunj and interrogated Sub -Inspector, R. P. Sharma. He deputed police personnel to search out the accused. He then went to the spot, accompanied by constable Brij Kishore, and prepared a (sic) -plan. He found blood in the con(sic) portion of the road. He took possession over blood -stained concrete and near by plain earth, and after sealing them in separate containers, he prepared a memo of the same. He interrogated in the evening Ajay Singh, Rajendra Singh, Mahesh Singh, Jagdeo, Ramadhin and Kheoraj. He also interrogated Natthu Nai by going to Basgawan. A search for the accused continued but in vain. He then gave a report for taking proceedings under Sections 82/83 Code of Criminal Procedure against the accused. It appears that while accused Mani Ram surrendered in Lucknow, accused Atma Ram surrendered in Kanpur, while accused Ram Prakash surrendered in Philibhit. These persons were made bapurdah and a report for their indentification was duly made by investigating officer. All these accused were put up for test indentification in this way that while Mani Ram was put up for indentification on 14th May, 1975, Ram Prakash and Atma Ram were put up for indentification on 16th June, 1975. Witnesses sent to identify Mani Ram were Ajay Kumar, Sheo Kumar, Rajendra Bahadur Singh, Mahesh Singh, Kheoraj, Jagdeo Singh and Ramadhin. Out of them excepting Khebraj and Jagdeo Singh, the remaining witnesses correctly indentified him. The same set of witnesses were sent to identify the remaining two accused. Out of them excepting Mahesh Singh and Rajendra Bahadur, remaining witnesses identified Ram Prakash, Atma Ram, however was correctly identified by Sheo Kumar Singh and Jagdeo Singh, while Rajendra Bahadur, Mahesh Singh, Ramadhin and Ajay Kumar committed mistake in his identification. The investigating officer moved an application in the Court of the Magistrate with a prayer that Mani Ram may be handed over to the police custody. When this application was allowed, Mani Ram was taken into custody by the investigating officer on 16th May, 1975. On 17th May, 1975, Mani Ram got recovered at his instance a country made pistol Ext. 9 and two live cartridges Ext. 16 which were kept in a Jhola Ext. 17 which were wrapped in a cellophane paper Ext. 18 and which were inside the ground in the field of Natthu Nai which had sugar cane crop. This recovery was witnessed by public witnesses. The property was sealed and a memo was duly prepared. Thereafter the recovered blank cartridge and the pistol were sent to the Ballistic Expert for report. The report of the Ballistic Expert contained in Ext. Ka -10 was that empty cartridge was fired by the same pistol, namely, Ext. 9. After completing investigation, a charge -sheet was submitted against the present Appellants and Ram Prakash, and on that basis, while Mani Ram was asked to stand his trial under Section 302 IPC simpliciter, Atma Ram and Ram Prakash stood trial under Section 302/34 IPC. We are not concerned with defence of Ram Prakash as he secured an acquittal at the hands of the learned Additional Sessions Judge, Kheri, and no Government Appeal against the order of acquittal has been preferred.
(3.) THE defence of Atma Ram was complete denial. His case was that witnesses knew him from before and that he was also shown to the witnesses after his arrest. He also contended that Mahadeo was his grandfather. Ram Gopal had fought election of Pradhanship against his grandfather, Mahadeo. His grandfather had won that election. Ram Gopal, who was Pradhan of Sadarpur had got him implicated in this case. He also contended that there was quarrel between Jagdeo Prasad and Sheo Kumar secretary and that is why he was implicated. Finally he contended that identifying witnesses knew him from before.;