- (1.) V. P. Mathur, J. Mr. L. S. Shukla, the then VII Additional Sessions Judge of Shahjahanpur by his judgment and order dated 31-5-1978 found the appellant Ganga Saran guilty of an offence punishable under Section 304, Part-I of the Indian Penal Code, convicted him accordingly and sentenced him to imprison ment for life. Against this order, the present appeal has been filed.
(2.) THE case was started on a first information report lodged by Jagdish deceased on 19-1-1976 at 5. 35 p. m. at Police Station Nigohi, District Shahjahan pur. Jagdish as well as Ganga Saran were both residents of village Gurgawan, P. S. Nigohi. THE occurrence took place on 19-1-1976 at 1 p. m. prosecution case was that Jagdish was carrying out some agricultural operations in his field when the appellant Ganga Saran reached there. He was furious because his brother Kishore had been given a beating by Jagdish's younger brother Rati Ram in the earlier part of the day at 12 noon. Ganga Saran started scolding Jagdish for the lapse of his brother and when there was exchange of abuses, Ganga Saran whipped out a knife and struck it in the chest of Jagdish causing him injuries and then ran away. THE occurrence was seen by witnesses Dori and Ram Asrey who were nearby and reached the spot. Jagdish also come back to his own house and his father arranged for a charpoy for him, where he rested. Village Pradhan arrived and scribed the first information report at the dictation of Jagdish. THEn arrangement for a cart was made and Jagdish was transported to the police station where he lodged the first information report which is now being treated as his dying declaration. The case was originally registered under Section 324 of the Indian Penal Code. Jagdish was brought to the hospital where his injuries were examined by Dr. D. S. Sudhakar Garg on 19-1-1976 at 9. 40 p. m. Dr. Garg found two incised wounds on his person as follows :- 1. Incised wound 3 cm x 2 cm on left side of chest 9 cms from left nipple at 50'clock position with clean cut margins. The wound was gaping. 2. Incised wound 0. 5 cm xo. 25 cm on left side of chest 10 cms from 1st wound in mid axillary line. The injury No. 1 was kept under observation and X-ray was advised. He was detained in the hospital for treatment, but, it appears that on 20-1-1976 inspite of medical care he died. An information was communicated to the Thana where the case was converted to one under Section 304 of the Indian Penal Code on 25-1-1976. The post mortem examination report is dated 21-1-1976. The post mortem examination was made at 11. 30 a. m. by Dr. Mohd. Sharif of the District Hospital. The two injuries mentioned in the earlier injury report were there and the result was that the left lung had received an incised wound at the site of injury No. 1 and the peritoneum had been cut. The liver had a punctured wound on the lower margin of the left lobe. In the opinion of the doctor, the cause of the death was due to shock and haemorrhage caused by injuries as men tioned above. The doctor was also of the opinion that the injuries were caused by some long pointed sharp edged object, which can be a knife.
(3.) THE statement of Jagdish was recorded on 20-1-1976 under Section 161 of the Code of Criminal Procedure, which again is being relied upon as his dying declaration. The prosecution examined Dori as PW 1 and Ram Asrey as PW 2. Neelkanth father of the deceased was also examined as PW 4 and remaining wit nesses were the two doctors and the police personnel.;