M.B.SHARMA, J. - (1.) ACCUSED appellant, Radharaman, stands convicted under Section 302 IPC and under Section 3/25 of the Arms Act. For the first offence, he has been sentenced to under go life imprisonment and to pay a fine of Rs.100/ - (in default, further to undergo one month's Rl). And, under the latter offence, he has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.100/ - (in default, further to undergo one month's Rl). Both the sentences have been ordered to run concurrently.
(2.) THE facts of the case out of which this appeal arises are these: on 26th and 27th of October, 1984, in the town of Deeg (Bharatpur) a procession of Rambarat was being taken and in the night intervening of 26th and 27th October, 1984, at about 1 a.m. in the said Rambarat besides Ranveer Singh (deceased) many others membering about 400 -500 persons were going and when it was near Bhudga Darwaja on Deeg -Bharatpur Road, it is alleged, accused appellant Radharaman while he was standing nearby an electric pillar fired at Ranveer Singh @ Ranno, who received gun shot injury on his back and fell on the ground. The occurrence is said to have been witnessed by Her Singh (PW -1), Nanak Chand (PW -2), Ashok Kumar (CW -1) and also by Sarman (PW -3), Sukhi Ram (PW -4) and Udai Singh -(PW -5). Dr. R.S.Gupta (PW -6) conducted autopsy of the, dead -body of Ranveer Singh Ranno and he found the injuries as stated in Ex.P/3; as under: 1. A round lacerated wound 1.5 cm' in diameter with flet 'scortched' margins and a zone of 5mm oh all sides blackening margins one scortched. Extending deep into pleural cavity (wound of entry.) (Note: A rent of almost equal size of wound present on corresponding part of the banian on the back of left side of chest along mid of medial border of the scapula.) 2. An irregular lacerated wound 2 cm' x 1 cm' extending into the Lt. apcial region pleural cavity just above and to the left of supra sternal motch margins are flat, act scorched. No surrounding blackening, skin is loose (wound of exit).
(3.) THE doctor conducted autopsy on the dead body of the deceased and found gun shot injury entry as well as exit wounds. The injury No. 1 was on the left side of back of chest and the wound of exist as not scorched and there was no surrounding blackening and was just above of supra sternal motch and according to the doctor the injury was caused by fire arm. In the opinion of the doctor he was dies as result of shock and haemorrhage because of extensive laceration of left lung laceration of left clevian artery due to gun what injury.;