- (1.) U. K. Verma, J. This is an appeal against the judgment of Sri R. N. Sharma, Sessions Judge, Nainital convicting Mukul Chand Mandal under Section 304 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years.
(2.) THE prosecution case as contained in the First Information Report Ex. Ka-5 is that the appellant Mukul Chaud Mandal and the co-accused Hari Pd. Mandal who was acquitted by the Sessions Judge checked Barun Dungi at 8. 30 a. m. on 13-10-1978 from interfering with the demarcation stone and ihe piled earch which, according to them, indicated the extent of Barun's field. This annoyed Barun Dungi and a marpeet stated between them. Charu Chandra Kaviraj, Narain Tapali, Praphull Tapali and Sunil Kaviraj intervened to pacify them. Mukul Chand Mandal appellant, however, paid no head to them. He thought his licensed gun from his house and shot at Barun Dungi who was in jured in his left thigh. THE younger brother of Barun Dungi named Sheo Pad snatched the gun from Mukul Chand. THE father of Barun named Jogesh Dungi went with it to the police station Rudrapur and lodged this report Ex. Ka-5. The constable Moharrir Noniram prepared the recovery memo Ex. Ka-3 in respect of the S. B. B. L. Gun No. 28161 which had been deposited by Jogesh Dungi. The injuries of Barua Dungi were examined by Dr. N. M. Agarwal PW-7 at 10-30 a. m. on 13-10-1978. He found the following injuries on his person and noted their condition as indicated below : 1. Fourty gun shot wounds varying in size from Cm. X Cm X muscle deep to 1 Cm X 1 Cm X muscle deep on lateral and front aspect of left thigh upper part. 2. Abrasion 2 Cm. X 1 Cm. on left thigh lateral aspect middle part. 3. Ten gun shot wounds Cm. X Cm. X muscle deep to Cm. X Cm. X muscle deep on front of left side from scrotem and root of penis. 4. Lacerated wound 2 Cm. X Cm. X muscle deep on front of rt. side abdomen lower part.
(3.) LACERATED wound 1 Cm. X Cm. X muscle deep on front of rt. frontal middle part. Gunshot wound 1/6 Cm. X Cm. X muscle deep on palmer aspect of rt. hand 6 Cm. above rt. little finger. 5. Barun Dungi succumbed to his injuries and his post-mortem report is Ex. Ka-10. The post-mortem examinations were conducted by Dr. B. K. Endley. who found the following ante-mortem injuries on the person of Barun Dungi : 1. Multiple gun shot wounds of entry in an area 24 Cm. X 20 Cm. On the front and outer side of the left thigh and left side hip joint. No scorching present. Adverage size 1 Cm. X 1 Cm. and 0. 4 Cm. X 0. 4 Cm. 2. Three incised wounds in an area 6 Cm. X 5 Cm. X 0. 8 Cm. X 0. 6 Cm. on the inner side of left thigh Cm. apart 4 Cm. adjoining left scrotem. 3. Two incised wounds 1 Cm. X 0. 4 Cm. X muscle deep on the front, and right thigh upper part 3 Cm. below right side hip joint. 6. Dr. Endley had recovered three shots from the bladder which he found to be punctured. The lower part of the large intestine had also found perforated.;