L.S.MEHTA, J. - (1.) THE deceased Bhoor Singh and his brother Khuman Singh had an ancestral house in the village Kaya, Police Station Nai. Partition of the house had taken place between Khuman Singh and Bhoor Singh some time back. Ladhu Singh started living in the village Kaya. He purchased that portion of the house which had gone to Khuman Singh in partition. Pratap Singh (accused No. 2) was the domestic servant of Ladhu Singh. Thavra (accused No. 3). who was a village Barber, was also somehow associated with Ladhu Singh. Mst. Manak Bai (accused No. 4), widow of Mangu Singh started living with her husband's brother Ladhu Singh. Ladhu Singh was alleged to be carrying on the business of producing illicit liquor and selling the same. He was entangled in a criminal case on that account. In that case Bhoor Singh was the principal witness' examined on behalf of the prosecution. It is for this reason that Ladhu Singh got annoyed and commenced harboring enmity against him.
(2.) ON June 24, 1968, at about 4 a. m. Bhoor Singh was returning home from his 'Mahuwavala' field. Ladhu Singh, Pratap Singh, Thavra and Manak Bai set out from their residence for going to the agricultural land of Bhoor Sing. Ladhu Singh was armed with a 12 bore double barrel gun. Both Pratap Singh and Thavra were having with them a muzzle loading gun. While proceeding towards the field of Bhoor Singh, Ladhu Singh was hurling vulgar abuses at him. When the party reached somewhere near Ram Singh's house Pratap Singh and Thavra happened to see Bhoor Singh from a distance, Both of them told their leader Ladhu Singh - -'here comes Bhoor Singh'. After seeing Bhoor Singh, Ladhu Singh loaded his gun and fired a shot at him, as a result of which he was badly injured and died instantaneously on the spot. Soon after Ladhu Singh's party saw Som Singh S/o Bhoor Singh coming towards his house. As soon as Som Singh arrived near Ram Singh's house, Ladhu Singh also fired a shot at him. Ladhu Singh then reloaded his gun and fired another shot at him. Som Singh fell down injured. Some pellets of the second shot fired by Ladhu Singh on Somsingh also hit Mst Kesri w/o Sadda, (PW9). Mat. Hirki (PW 10) and Mst. Kesri w/o Khatu (PW 11 All the accused then returned to the house of Ladhu Singh. Sometime later they left Kaya by a service bus proceeding from Rakhabdeo to Udaipur. First information report of the occurrence was made by Sav Singh (PW 1) to Mangilal (P.W. 24), Station House Officer, Nai, soon after the occurrence at 5 p. m. when he was going in a bus to Todi. On receipt of the report, the Station House Officer immediately proceeded to the site of the incident. The information of this happening was sent to the Police Station, Nai, through Mangilal Police Constable No.1646, on 25 -6 1968 Thereafter a case against the accused persons was registered at the police Station, Nai The police prepared injury report of Som Singh, Ex. P. 21, inquest report Ex. P. 8, a description memo of the spot Ex. P. 9. and various other documents. The accused Ladhu Singh absconded away towards Ahmedabad. He returned to Udaipur 6n June 28, 1968. He was then arrested by the police in Udaipur on June 28, 1968. The accused Thavra, who was also absconding, was arrested by Parthvi Singh, Head constable and was produced before Pratapnagar police station on July 7, 1968. Pratap Singh accused was arrested by the Station House Officer Mangilal in the morning of June 27, 1968, in Bedla from the house of one Rajee Bai. On June 30, 1968, Ladhu Singh gave information to the police that he had put the weapon of the offence, viz., 12 bore double barrel gun, with Amar Singh (PW 5) The information was reduced to writing and is marked Ex. P. 12. In pursuance of that information the gun Ex. 1 was recovered from the house of Amar Singh at the instance of the accused Ladhu under memo Ex. P. 4. Amar Singh also produced license of the gun Ex. P. 5 Three empty cartridges found on the spot were made over by Mst. Ghishi (PW.3) to the police on June 24, 1968, under memo Ex. P. 3. The fired cartridges and the gun were sent to the Ballistic Expert, Jagdish Prased, PW. 29 of the Forensic Science Laboratory, Sagar, for examination. Test firing was conducted through both the barrels of the gun by the Ballistic Expert. They were compared with the empties received by him. In his opinion, gun Ex. 1 was in perfect working order and all the 3 empties Exs. 13 to 15 had been fired through that very gun. On July 5, 1968, Pratap Singh also got recovered his gun Ex. 3 under memo Ex. P. 13 On July 9, 1968, the accused Thawra while in the police custody gave information regarding the place where he had put the muzzle loading gun. That information was reduced into writing and is marked Ex, P. 34. The accused took the police to Rawji -ka -Hatta, Udaipur, at the hose of Mst. Vallabh Bai, where he got his gun Ex. 2 recovered under memo Ex. P. 10. The jeep No. RJY 2608 in which the accused Ladhu Singh travelled was seized by the police from the possession of Bansilal driver on June 28, 1968, under memo Ex. P. 35. Autopsy of the dead body of Bhoor Singh was conducted by Dr. Man Mohan Pawaha, Medical Jurist, General Hospital, Udaipur, on June 25, 1968: vide Ex. P. 23. 29 pellets were removed from the body of Bhoorsingh. Following injuries were found on his person: 1. Triangularly oval shaped wound with ragged inverted margins and surrounded by six small punched up holes below the main wound and five medial to the main wound Size 4'X3' X bone deep. On front of upper part of right Knee. There is fracture of the lower end of right femur at the junction of the shaft with the condyles. It is wound of entry of the Missile from a shot gun fired from a distance of 2 to 3 yards. 2. Vertical wound with everted margins 2'X' Lateral surface of right knee. It is connected with the wound of entry. 3. Vertical wound 3'X 1' with everted margins. On back of right knee. It is connected with the wound of entry. 4. Vertical wound with everted margins 2 'x1'. It is connected with the wound of entry. On back of right knee 3/4 medial to No. 3 Wounds Nos. 2, 3 and 4 are would of exit of the missile. In the opinion of the Doctor Bhoor Singh's death was caused due to syncope as a result of shock from sudden excessive hemorrhage from injury to the big vessels (popliteal artery and popliteal vein) resulting from firearm. All the injuries were ante -mortem in nature. The weapon must have been fired from a distance of 2 to 3 yards.
(3.) SOMSINGH was medically examined on June 3, 1968 by Dr. Pahwa. wa vide Ex. P. 21. Following injuries were notice on his person: 1. Round punched up wound with inverted margins 1/3' diameter x tissue deep 3' above Right Axilla front surface. This was wound of exit of Gun shot. 2. Round punched up wound with inverted margins J' diameter x tissue deep, it lateral to No. 1. wound of entry of gun -shot. 3. Round punched up would with evented margins ' diameter x tissue deep, Middle of right Deltoid. Wound of entry of gun shot. 4. Round punched up wound with everted margin 1/3' diameter into tissue deep just above insertion of right deltoid, wound of exit of gun shot. 5. Round punched up wound with inverted margins ' diameter x tissue deep. 3 1/5' to lateral and slightly below No. 4. Wound of entry of gunshot. 6. Round punched up wound with inverted margins 1/5' diameter x tissue deep, 2' below apex of Axilla, posterior fold on back of right upper arm. Wound of entry of gunshot. 7. Round punched up wound with inverted margins ' diameter x tissue deep. Anterolateral surface of right upper arm at junction of lower l/3rd and upper 2/3rd. Wound of entry of gunshot. 8. Round punched up wound with inverted margins ' diameter x tissue deep. Wound of entry of gun shot on postero lateral surface of right forearm proximal l/3rd. 9. Round wound with inverted margin 1' diameter x tissue deep 1' above and medial to left medial epicondyle. Wound of entry of gun shot. 10. Round wound with everted margins 1/3' diameter x tissue deep ' anterior to No. 9. Wound of exit gun shot. 11. Round wound with inverted margins ' diameter x tissue deep, ' below left medial epicondyle. Wound of entry of gun shot. 12. Round wound with inverted margins ' diameter x tissue deep, left cubital foses. Wound of entry gun shot 13. Round wound with inverted margins ' diameter x tissue deep middle of left foses. Wound of entry of gunshot. 14. Round wound with everted margins 1/3' diameter x tissue deep 1' lateral to No. 13 on Volar aspect of left forearm. Wound of exit of gun shot. 15. Round wound with inverted margins ' diameter x tissue deep 3/4' distal to No. 13. Wound of entry of gunshot. 16. Round wound with everted margins 1/3 diameter x tissue deep, 3/4' distal to No. 14. Wound of exit of gun shot 17. Round wound with inverted margins ' diameter x tissue deep 1' medial to No, 14. Wound of entry of gun shot. 18. Round with everted margins. 1/3' diameter x tissue deep 3/4' proximal and lateral to No. 17. Wound of exit of gunshot 19. Grazing abrasion 1/2' x 1/4' on radial border of left forearm, 2f' proximal to wrist, Simple, hard and blunt. 20. Nine small round punched up wounds with inverted margins each 1/4' diameter x tissue deep on voter aspect of left forearm as shown in diagram. All wounds of antry of gun shot. 21. Round wound with inverted margins l/3 diameter x tissue deep. Left hypothenar eminence. Wound of entry of gun shot. 22. Round wound with everted margins 1/3' diameter x tissue deep. Dorsum of left hand at the space between 4th and 5th meta carpals. Wound of exit of gun shot. 23. Round wound with inverted margins 1/4' diameter x tissue deep, right side of chin, and little below it. Wound of entry of gun shot. 24. Round wound with everited margins 1/3' diameter x tissue deep on left side of chin. Wound of exit of gun shot. 25. Grazing abrasion 1/3' x 1/10'. 1' above and slightly towards right of Pomum adami. Simple, hard and blunt. 26. Round with everted Margins 1/3' diameter x tissue deep at 7 O, clock position of tight nipple. Wound of exit of gun shot. 27. Round wound with inverted margins 2' above and slightly medial to right nipple. 1' diameter x tissue deep. Wound of entry of gun shot. 28. Round wound with inverted margins ' diameter x tissue deep. 2 ' above and slightly lateral to right nipple, wound of entry of gun shot. 29. Round wound with inverted margins ' diameter x tissue deep. 3/4' medial to right nipple. Wound of entry of gunshot. 30. Round wound with inverted margins ' diameter x tissue deep 1' below and lateral to No. 26 Wound of entry of gunshot. 31. Round wound with inverted margins ' diameter x tissue deep 1' below and lateral to No. 30. Wound of entry of gun shot. 32. Round wound with inverted margin 1/4' diameter x tissue deep 1' lateral to inferior angle of right scapula. Wound of entry of gun shot. 33. Grazing abrasion 3/4' X 1/10' on right costal margin. Simple, hard and blunt. 34. Round wound with inverted margins ' diameter x tissue deep 2' above umbilicus and towards right of midline. Wound of entry of gunshot. 35. Round wound with everted margins 1/3'' diameter x tissue deep 1' medial to No. 34 wound of exit of gun shot. The Doctor opined that the wounds on the person of Som Singh on the right and left sides of his body indicated that all of them could not have been caused by a single fire. The injuries were of 6 hours duration. The distance of the fire -arm must have been more than 11 yards from the victim. The gun Ex. 1 could have caused the injuries found oh the person of the victim. These injuries were not sufficient in the ordinary course of nature to have caused his death.;