Rajendra Saxena, J. - (1.) Heard. Perused the record of the lower court in extenso. The learned Additional Sessions Judge by his order dated 25.6.1993 has framed charge for the offence under section 302 IPC against the accused petitioner but he has not given any reason. The impugned order is not at all a speaking order and on this ground alone this revision petition should succeed.
(2.) On merits also there is no direct evidence connecting the accused petitioner with the crime. On the other hand the evidence collected by the Investigation Officer is inconsistent and contradictory. According to the prosecution case, on 11.3.90 at about 3.25 p.m. when SHO Gopai Singh, Police Station Kotwali Alwar, who was on patrolling duty in the cite to maintain public order on the occasion of 'Dulhendi' came near Company Bagh, Alwar, he received a wireless message from the police control room to the effect that in Punjab National Bank gunshots have been fired. Thereupon the said SHO rushed to Punjab National Bank situated on Manu Marg, Alwar. He found constables accused Ramesh Charid and Rameshwar Dayal, who were deputed as Guards there. He enquired from them about the incident. Petitioner Ramesh Chand told him that Budha Ram (Deceased) had taken the rifle from his possession and asked him to go on the bank gate, that thereafter he heard bangs of two gunshots inside the bank building, that thereupon he went inside the bank building and found that Budha Ram was lying injured and blood was oozing out from the left side of his chest. He further informed that Budha Ram was not in a condition to speak and that thereupon he awakened constable-Rameshwer Dayal and also informed about the said incident to the police control room.
(3.) The medical Jurist who conducted the Medico Legal Autopsy of deceased Budharam on the same day at 5.30 p.m. found following injuries - (1) Small wound on the right side of shoulder 2" below the spinous process of scapula 1 cm. x 11 with inverted margins and clotted blood present. It was the wound of entry. (2) Wound of exit at triangle of neck 4 cm. x 2~ cm. having everted margins and rupture of muscles and blood vessels. On opening the body the doctor found a fracture of Scapula and posterior part of hip. He further noticed a fracture of clavical and 1 st, 2nd and 3rd ribs. The doctor opined that the direction of the wound was from wound of entry to medially, then forward and upward to the wound of exit, in his opinion the death of Budharam was caused due to injury of blood vessels of right side neck, haemorrhagic and shock. The doctor also took out the baniyan and shirt from the dead body, which were blood stained. However he did not mention whether baniyan and shirt bore any holes caused by the bullet.;