Madan Mohan Lal, J. - (1.) THIS is am appeal against the judgment and order dated 6-3-1978 passed by Sri Mohan Singh the then 5th Additional Sessions Judge, Fatehpur by which be convicted Ajaipal Singh appellant under section 302 IPC and sentenced him to imprisonment for life.
(2.) THE appellant and deceased Rajendra Singh were residents of village Mauhal, Police Station Kalyanapur, District Fatehpur. About 15 or 20 days prior to the murder of Rajendra Singh the sister-in-law of the latter was ill. On that day at about 11 in the night, when the deceased, along with Jageshwar Singh, Virendra Singh, Surajdin and Mahabir Singh was sitting at the door of his house, the appellant, along with Ram Asrey and Lala Singh came towards that side and stood on the "rasta" and started laughing and talking loudly. THEy were asked as to who they were on which Ram Asrey disclosed his identity. Virendra Singh then told the appellant and his companions that at such a time tbey should hot make noise. It is said that the appellant and his companion Lala Singh then climbed on the "Chabuttra" of the deceased in a fighting mood. THE prosecution has alleged that at the said time Rajendra Singh slapped the appellant and pushed him down from the chabutra. THE appellant then went away after advancing threats. It is the further case of the prosecution that on 29-4-1977 at about 5 P. M. Rajendra Singh was returning home from village Bindki Chaudagra on cycle. When he reached in his village in front of the "chaupal" of one Shiroman Singh, situated towards east of his (deceased) bouse, the appellant came out of the said "chaupal" and asked him to stop. As soon as Rajendra Singh deceased stopped his cycle the appellant., armed with rifle, came down from the "chabutra" and fired two shots, out oil which one hit Rajendra Singh deceased and he fall down injured. After this incident the appellant ran away with his rifle. This incident was seen by informant Gopal Singh, father of the deceased, and by Bhawani Deen and Sheo Pratap Singh etc. The deceased was taken to nearby G. T. Road on a cart. Sheo Narain Singh was sent to Bindki Chaudagra to arrange for conveyance. In the meantime Gopal Singh got the report of the incident written and sentt the same and an empty cartridge, recovered from the place of occurrence, to the police station through indrapal Singh. The said report was lodged at P. S. Kalyanapur, situated at a distance of three miles, on the same day at 6-15 P. M. Rajendra Singh was taken to the District Hospital, Fatehpur in a bus where he was medically examined. As his condition was serious, hence his dying declaration was recorded by Sri Shafatullah, S. D. M. Fatehpur at 8 P. M. on the same day. Rajendra Singh was subsequently shifted to L.L.R. Hospital on the same night. Rajendra Singh died on 1-5-1977 at 8-35 P. M. In support of its case the prosecution examined 3 eye-witnesses, namely, PW 1 Gopal Singh informant, PW 2 Sheo Pratap Singh and PW 3 Bhawani bin. PW 4 Indrapal Singh carried the written report of the incident and empty cartridge to the police station. PW 5 Dhooni Singh had seen the appellant running away with the rifle from the sidle of place of occurrence immediately after this incident. PW 7 Suraj Din andl PW 8 Jageshwar Singh are the witnesses of the earlier incident, which took place 15-20 days prior to this incident. PW 12 Shaftullah, S.D.M. had recorded the d}\ing declaration of the deceased. PW 9 Constable Jagdeo Prasad had recorded the first information report and bad registered the case. PW 10 Ram Narain Lal, S. I., had prepared the inquest .report of the dead-body. PW 13 Constable Btbu Lal had converted and registered this case from section 307 IPC to section 302 IPC
(3.) PW 14 Dr. S. K. Gupta was Medical Officer, District Hospital Fatehpur. He had medically examined Rajendra Singh deceased on 29-4-1977 at 7 P. M. and had found the following injuries on his person :- 1. One gun shot wound of entry 3-1/2" x 3/4" x abdominal cavity deep on Rt. Side of abdomen 1/2" away from the mid line of abdomen upper limit lying 4-1/2" below x iphisternum with multiple loops of small intestine and omentum protuding outside the wound. Blackening and tattooing was present. Bleedding was profused. Direction front to back. 2. One gun shot wound of exit 1/4" x 1/4" x abdominal cavity deep on the back and lower part in mid line 1-11/2" above the tip of cocy x Blackening and tattooing was absent. Pw 15 Dr. Ila Bannerji was lecturer (Surgery) in the Kanpur Medical College. She had operated Rajendra Singh deceased. Rajendra Singh expired on 1-5-1977 at 8.35 P. M. Post mortem examination of the dead- body of Rajendra Singh was made by Pw 6 Dr. H. O. P. Jha. He found the following ante-mortem injuries on the said dead-body. 1. Stitched wound Horizontal 7 eta long with 3 stitches over left upper arm upper outer part. On removing stitches found an incised wound 7 cm x 2 cm x muscle deep. 2. Stitched wound 18 cm long over left side of abdomen vertical from umbilicus and 3 drainage tubes one on each side of abdomen and one in the middle. On removal of stitches (15) four wounds 8 cm long with margins lacerated 11 cm below & 8 cm above. Pubic symphysis with wound,having clean cut margins lacerated and below it. 3. Stitched wound lower part of back between folds of buttock upper at the It. Side of cocy x 3 cm. long with 3 stiches. On removal of stitches found a wound with lacerated margins in the middle of stitched wound 1/2 cm long No blaekening swollen and tattooing were found in the above wound. 4. Incised wound Rt. and lower & front part 2 cm x 1/2 cm x muscle deep. ;