Kanta Bhatnagar, J. - (1.) This appeal filed by the appellant Veera through the Superintendent, Central Jail, Jodhpur is directed against the judgment passed by the learned Additional Sessions Judge, Sirohi dated 1-5-74 by which the appellant has been convicted for the offence under and sentenced to imprisonment for life.
(2.) Briefly stated, the facts of the case giving rise to this appeal are that on 10-6-72 marriage ceremony of Netia Bheel with the daughter of Sonia took place at village Bhule. The marriage party besides others consisted of the appellant, deceased Jethia and witnesses Pabu (P.W. 1), Chanda (P.W. 3), Bhoja (P. W, 4), Bhaga (P.W.5) and Soma (P.W.6) who were standing scattered in the field of Sonia. At about 6-00 p.m. when the marriage ceremony was over, all of a sudden the appellant fired a shot from his gun at Jethia which hit the latter in the right side of the chest. Jethia fell down and died instantaneously, on account of profuse bleeding from his wound. After firing the shot the appellant ran away from there. The witnesses Chanda, Bhoja and Soma P.W. 3, 4 & 5 respectively were said to be present at the site of occurrence, on hearing the report of the gun Pabu and Soma who were at a little distance rushed to the site and were informed by bystanders about Veera firing a gun shot at Jethia and causing injuries to him. Pabu (P.W. 1) at once left for Police Station Roheda and reached there at about 10-00 p.m. He lodged a written report Ex. P. 1 with Amba Lal (P.W. 9) Head Constable, Incharge of the Police Station. On the basis of Ex. P. 1, Head Constable registered a case under section 302 Indian Penal Code. Govind Singh (P.W. 14), Station House Officer of Police Station Rohida was at Swaroopgang on 11-6-72. On receiving the information through the Head Constable about this incident, he immediately went to the site and proceeded with the investigation. He prepared a panchayatnama on the dead body and an inquest memo Ex. P. 3 and Ex. P. 4 respectively. He inspected the site and prepared the site plan Ex. P. 5 and site inspection memo Ex. P. 6. The clothes, Jethia was wearing at the time were taken in possession by the Station House Officer vide memo Ex. P. 3. The blood smeared earth from the site was taken in possession vide Ex. P. 4. All the articles taken in possession were sealed then and there. Doctor Mangalsingh, Medical Officer Incharge, Primary Health Centre, Swaroopgang went to village - Boribhuj at the requisition from the Station House Officer, Police Station Rohida. He conducted the post-mortem examination on the -dead body of Jethia and noted as under:- 1. External Appearance : Condition of the subject: (1) Body of an young healthy male, eyes closed, blood stained froth in the nostrils, Rigorm mortis strait. 2. Wounds: (i) Gun shot wound with irregular margins blackening around the wound in 2" diameter one lateral aspect of right area 5" above right elbow joint size 17 x 6/8" opening on medical aspect of right area causing wound of exit size 1" x 6/8". (ii) Wound gun shot over lateral aspect of right side chest 3* below right axilla with blackening round the wound of entrance size 1" x 6/8" depth upto 3" traced on probing. (iii) Blackening present over superior border or right scapula - no marks of injury seen. Thorax: (1) Walls-wound noted in column No. 2 of external appearance of post mortem report. (2) 4th rib of right side fractured in mid axillary line. Pleurae (1) Wound over right pleurae lateral aspect corresponding to wound of skin, blood collected in the plural cavity. Right Lung: Gun shot wound over middle lobe with blackening and blood collected in lung tissue and thoracic cavity. Size l" x 1". Wound on media spinal aspect of middle lobe of right lung (wound of exit) size 1" x pellets recovered from the lung tissue. Left Lung: Gun shot wound over internal (Middle spinal aspect) of the lung in the middle of left upper lobe size 6/8'' x 4/8"' (wound of entrance). Blood collected in the lung tissue and thoracic cavity. No wound of exit found. 7 pellets recovered from the upper lobe of lung tissue. 3. Abdomen: Stomach was empty and small intestine contained digested gruel
(3.) In the opinion of the Doctor the death was due to shock and hemorrhage in lungs caused by gun shot wounds.;