ADARSH KUMAR GOEL,J - (1.) THE appellant challenges his conviction under Section 302 IPC, for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, in default, to undergo further RI for three months. He has also been convicted under Section 27 of the Arms Act, for which he has been awarded lesser sentence to run concurrently with the life imprisonment.
(2.) CASE of the prosecution is that the appellant was employed in the CRPF. He alongwith Surinder Pal PW-6 and others left Kohima for Amritsar on 19.7.1996 by train. The train reached Ambala Cantt Railway Station on 24.7.1996 at 8-30 P.M. and halted at platform No. 6 and 7. Armoury of all the members was deposited in the cloak room. Some armoury was issued on temporary basis to the persons on duty from 10-00 P.M. to 12-00 midnight, which included the appellant Om Parkash. They were to guard the huge weapons of armoury kept in the cloak room and luggage at the platform. Hiramani Tiwari, CHM was the Incharge. The appellant wanted off from the duty on the ground that he was not feeling well, but the same was not allowed. He aimed his gun, SLR-762 M.M. IAI, towards Hiramani Tiwari and said the he will teach him a lesson for giving him the duty. He then fired the rifle and shot him. He fired 3/4 shots. Hiramani Tiwari fell on the platform and blood came out in large quantity. He was lifted by K.B. Chander Shekhar and 2/3 other recruits and was taken to Civil Hospital, Ambala Cantt. PW-4 Pishori Lal, ASI, GRPS, Ambala Cantt. who happened to be at the platform, recorded the statement of PW-6 Surinder Pal Singh and sent the same to the police station. PW-9 Sub Inspector Ajmer Singh recorded FIR on the basis of the said statement and proceeded to the spot for investigation. On the way, he received a message from the hospital and went to the hospital where he came to know that the deceased Hiramani Tiwari had expired. He prepared inquest report. He took into possession rifle Ex.P5, which was snatched by PW-6 Surinder Pal Singh from the accused after the occurrence alongwith 14 live cartridges, 4 empty-cartridges and one magazine. He also took into possession a part of stone Ex.P6 from the place of occurrence. He got the spot of occurrence photographed. After completing investigation, he sent up the accused for trial. Dr. S.K. Gupta, PW-3 conducted post-mortem examination on the dead of the deceased on 25.7.1996 at 11-00 A.M. The time of death was 11-00 P.M. on 24.7.1996. He found following injuries :- "1. There was a lacerated wound around 11 c.m. x 7 c.m. present over left side of trunk near sub-costal area anteriorly. It was 9 c.m. above and lateral to umbilicus 17 c.m. below left nipple. The muscles were avulsed. The omentum and gut was protruding from the wound. 2. Lacerated wound of size 4 c.m. x 2.5 c.m. oval shape was present, 4 c.m. below and lateral to injury No. 1, above a transverseline from the umbilicus. It was muscle deep. 3. A lacerated wound of size 3 c.m. x 2 c.m. was present over the left glutal region over the lateral aspect, 12 c.m. behind left anterior superior iliac spine over a transverse line. A loop of gut was protruding from it. 4. A rounded laceration with a black ring around the margin. 1 c.m. in diameter was present over left side of the trunk. 5 c.m. below and lateral to the injury No. 2. 5. A circular laceration of 1 c.m. in diameter with black ring around the margin was present 3 c.m. below and behind injury No. 4, behind the left iliac crest. 6. A circular laceration of size 1 c.m. in diameter was present 10 c.m. below right nipple in the seventh right intercostal space in the anterior axillary line on right side of the chest."
(3.) IN the opinion of the doctor, the cause of death was haemorrhage and shock as a result of injuries to the vital organs of the abdomen.;