- (1.) 1.These two appeals one filed through jail and the other represented one, are directed against the judgement dated July 6, 1973 of the learned Sessions Judge, Alwar, whereby he convicted accused-appellant Ganesha under Section 302, I.P.C. for committing the murder of Madan and sentenced him to imprisonment for life.
(2.) The facts giving rise to these appeals are that the marriage party of which Ganesh was a member went from village Karnawat to village Khatiawada and then to village Dabla. A dance was arranged at the house of Gangu to entertain the members of the marriage party. Madan (since deceased) was dancing wearing the dress of a women. Accused Ganesha, who was armed with a gun, felt that Madan (since deceased) was not dancing properly. He expressed his annoyance and asked in a till late manner "whether he was not being paid for dance" and fired a shot which hit Madan (since deceased) and as a result of which he fell down and met instantaneous death. The accused took to his heels with the gun in his hand. He was followed up the heels by other persons, caught and brought back on the spot. First information report Ex. P/8 of this occurrence was lodged at the Police Station, Tehla on May 11, 1971 at 2.30 p. m. Dr. K. L. Sharma, who performed autopsy on the dead body of Madan noticed the following external injuries:- I. Gun shot injuries 5 in number out of which four were entry wounds, ore was exit wound. The details of the injuries are as under:- (i) Lacerated wound with inverted margins measuring 1/2" x 1/2" bone deep situated on the left parietal region. (ii) Lacerated wound 1/2" x 1/2 bone deep on the left parietal region. (iii) Lacerated wound 1/2" x 1/2" bone deep on the left parietal region. (iv) Lacerated wound ⅓ " ⅓" bone deep just to the left of mid-line on vertex away from injury No. 3. He further noticed that the exit wound was also a lacerated wound measuring x y bone deep just to the right of mid-line on vertex. In the opinion of the doctor all the injuries were ante-mortem in nature and duration was 24 hours. He further opined that the death of Madan was caused due to the gun shot injury to skull resulting into coma culminating into death.
(3.) The police after usual investigation submitted a charge-sheet under Section 302, I.P.C. against the accused-appellant in the Court of Munsiff Magistrate, Rajgarh, district Alwar. The learned Magistrate after taking committal proceedings under Section 207-A Cr.P.C. committed the accused to the Court of Session for trial. The accused not guilty to the charge and the prosecution examined 9 witnesses in support of their case. The accused denied his complicity in the crime in his statement recorded under Section 342 Cr.P.C. and examined two witnesses in support of his plea.;