B.K.SHARMA, J. - (1.) THIS is an appeal against the judgment and order dated 2nd February, 1994 passed by Sri VK. Jain, the then Additional Sessions "Judge, Bareilly in Sessions Trial No. 192 of 1992, State v. Chetram whereby he convicted accused Chetram under Section 302, of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(2.) THE date of occurrence in this case was 12th November, 1991. The prosecu­tion story was that about ten years before the date of occurrence, Chet Ram, ac­cused-appellant, had committed the mur­der of Tikam Singh, grandfather of the present deceased Anand Pal; but, in the prosecution thereof, he had been ac­quitted, that the accused-appellant Chet Ram has suspicion that Anand Pal (the present deceased) had deployed bad char­acters after him in order to take revengagc of the murder of his grand-father Tikam Singh; that Chet Ram accused-appellant, was a bad character and he had committed the murder of one Natthu Lal also and in that murder case, he had been sentenced to life imprisonment; that on 12th Novem­ber, 1991 at about 5.00 p.m. the informant Deo Pal Singh, Amar Pal, Bhoj Pal and Anand Pal (deceased) were going towards the fields and when they reached near the Chabutra of Harnam Singh, Chcl Ram accused-appellant was standing on the Chabutra having a gun in his hand, that Chet Ram accused-appellant stopped Anand Pal (present deceased) and retorted "Tune Mere pichhe Marne Ko Badmas Laga Rakkhe Hai" that in the meantime Vir Pal also came there, that Anand Pal (present deceased) replied "Maine Koi Badmash Nahi La gaye Tumeh Galat Shak Hai" whereupon Chet Ram accused-appellant retorted, "Tu Baaz Nahin Ayega Jhoot Bolta Hai" and shot at Anand Pal (Present deceared) with gun and run away towards east; that fire arm injury was received by Anand Pal (present deceased) on his abdomen on the right side and due to the fire injury he fell down on the spot. The written F.I.R. (Ext. Ka-1) was got scribed by informant Dev Pal Singh from Veer Pal Singh of the village and they carried the present deceased Anand Pal in his injured and alive condition in a tractor trolley to police station Aonla and the informant lodged his F.I.R. there at 7.55 p.m. on which chik report was prepared and a case under Section 307, IPC was registered and the injured Anand Pal was despatched to the Community Health Centre Aonla. However, the injured Anand Pal died in the way and when he was presented before the Medical Superinten­dent Dr. G.D. Rathore, he declared him dead and made an endorsement in this respect on the Chitthi Majrubi. There after the case was altered to one under Section 302, IPC and inquest proceedings were undertaken and the dead body was sent for post-mortem examination and after con­clusion of investigation charge-sheet was submitted. The Sessions Judge tried the accused and handed down the conviction as aforesaid.
(3.) THE post-mortem on the dead-body of Anand Pal accused- appellant had been performed on 13-11-1991 at 5.00 p.m. by Dr. A.K. Sharma, PW-6. His material observations were as follows: Probable age-18years Probable time since death-about one day. External Examination Average built body. Rigor mortis present in both upper and lower limbs. No decomposi­tion. Eyes and mouth half open. Ante-Mortem Injury 1. Gun shot wound of entry 5.0 cm x 4.0 cm x abdominal cavity deep on the right side abdomen 7 cm lateral to umbilicus at 8.2 'clock position. Margin inverted. Lacerated margin black. Small intestine coming' out. In internal examination, peritoneum was found lacerated. In the abdominal cavity, blood fluid was present about one litre. One Gutta piece and 14 pellets were recovered from cavity. Small intestine was lacerated at places and was emply. Seven pellets were recovered from the small intestine. The large intestine was lacerated and contained fae­cal matter and also six pellets. The gall bladder was lacerated and ten pellets were recovered from it. ;