B. N. Sapru, J. - (1.) THE appellant Raghuraj Singh has been convicted under Section 302 IPC and sentenced to imprisonment for life for having committed the murder of ones Raj Kumar Singh on 4-6-1972 at about 8 A. M. in Alawal Khera, a hamlet of village Domanpur, which lies within the jurisdiction of P. S. Man- rajpur in the District of Kanpur.
(2.) THE first information report of the incident was lodged by Surajpal Singh in the aforesaid Police Station at 10.13 A. M. THE distance between the place of occurrence and the Police Station is 10 miles. The prosecution version is that the complainant and his brother Raj Kumar Singh (deceased) lived together and Raghuraj Singh appellant is their cousin brother. There was a room, of which all the said persons were joint owners. On 4-6-1972 at about 8 A. M. Raj Kumar Singh (deceased) started getting a wall built in his portion of the room through the agency of one Gola Chamar. At that time, it is said that the complainant and Amar Singh who had been brought up by Raj Kumar Singh (deceased) were present on the spot. The appellant Ragauraj Singh is alleged to have said In temper that he would not let the wall be built and the deceased said that ha would definitely build the wall. Thereupon Raghuraj Singh appellant is reported to have said, "All right, You wait, I will just tell you." Thereafter he ran to his house and brought a country made pistol and shot Raj Kumar Singh dead. The appellant is thereafter said to have run away. After the report was lodged the police took up investigation. The investigating Officer took the body of the deceased into bis possession and sent it for post mortem examination.
(3.) THE post-mortem examination of the body of Raj Kumar Singh was held on 5-6-1972 at 12.40 P.M. by Dr. J. S. Lakhera, Medical Officer, U. P. ML Hospital, Kanpur. He found the following ante-mortem injuries on the body of the deceased :- Gunshot wounds eleven in number, in an area of 3 1/2" x 2 1/2" on the right side front of the neck just above the middle of the right clavicle, varying from 1/3" x 1/10" to 1/5" x 1/10" size x muscle deep, about 1/2" to 1/3" apart from each other. Irregular margins- wounds of entry. THE skin surrounding the wounds was blackened and scorched In the opinion of the doctor, the death was due to shock and haemorrhage as a result of the gunshot injuries described in the post-mortem report and from the statement of Dr. Lakhera it is established that the death of the deceased was due to the gunshot injuries which were sufficient in the ordinary course of nature to cause death. The investigating Officer also took into his possession the clothes of the deceased and the earth from the place where the murder was alleged to have been committed. These items were sent for chemical analysis to the Serologist and Chemical Examiner, who reported that the clothes were stained with human blood and the earth was also stained with blood. Thus it is established that the deceased Raj Kumar Singh was killed at the place as shown by the prosecution.;