S.K.AGARWAL, J. - (1.) The appellant Gulzar Singh has filed this appeal against the judgment and order dated 8-5-1980 passed by Sri Munni Lal IInd Additional Sessions Judge, Rampur in S. T. No. 168 of 1978, whereby the appellant has been convicted under Sec. 302 I.P.C. and sentenced to life imprisonment.
(2.) The prosecution has alleged that appellant along with two unknown persons came to the place of occurrence at 11.00 P.M. After identifying the deceased in the torch light accused Gulzar Singh had given out loudly that Shiv Raj Singh is sleeping on that cot and they will teach him a lesson for siding or helping Baru Singh and Krishna Narain Mathur. The informant, Arun Kumar along with his brother Ajit Kumar, brother in law Satya Vir Singh and mother rushed towards the deceased. The wife of the deceased, who was sleeping at a few paces distance from her husband was also awakened. It is alleged that the appellant had fired a shot from his gun upon the deceased and thereafter all the three culprits ran towards north. The witnesses claimed to have identified the appellant and the two assailants in the light of lantern. They had removed injured Shiv Raj Singh to Bilaspur Hospital on a tractor trolley where he was pronounced dead. The FIR of this incident was lodged at 1.30 A.M. in the night intervening 4th - 5/05/1978 by Arun Kumar eldest son of the victim. It was registered as Ext Ka-1. It was a written report prepared at the hospital. The chick report was prepared by constable clerk Jagdish Chandra.
(3.) In order to support this incident the prosecution had examined three eye-witnesses. They are Arun Kumar (PW-1), Bir Mati (PW-2) and Satya Vir Singh (PW-3). Baru Singh was examined as PW-4 in order to establish motive behind the murder of Shiv Raj Singh. The case was investigated initially by Shri Mukhbir Singh, S.O. (PW-14). The investigation in between was transferred from the civil police to C.I.D. Jagdish Prasad Pandey, C.I.D. Inspector (PW-11) investigated the case and submitted the charge sheet. Dr. K.K. Srivastava conducted autopsy on the body of deceased Shiv Raj Singh. B. Roy, Ballistic Expert (PW-15) was produced by the prosecution to settle the medical conflict created by the testimony of Dr. K.K. Srivastava, medical Officer (PW-12).;