KALIDIN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by Kalidin Singh, Ram Kishore Singh and Ram Autar Singh against their conviction under Sections 302/34, I.P.C. 307/34, I.P.C. and 379, I.P.C. They have been sentenced to life imprisonment under the first count, 7 years' R. I. under the second count and 2 years' R.I. under the third count. All the sentences are to run concurrently. Appellant Ram Autar Singh and Ram Kishore Singh are brothers. Ram Autar Singh was armed with a licensed gun, Ram Kishore Singh was armed with a country made pistol and Kalidin Singh was having a licensed gun belonging to his brother Ram Saran. In the incident Ram Swaroop Singh has lost his life as a result of shots fired by Kalidin and Ram Autar on 22-10-1979 at 1.00 P.M. in village Maduri. The occurrence had taken place in a Mela, which was held near Panchayatghar. The written report about the incident was lodged at P.S. Sajeti by Maharaj Singh, father of deceased Ram Swaroop.

(2.) A case was registered on the basis of the aforesaid written report at the above said police station at 4.45 P.M. This written report is Ext. Ka-1. It was scribed by Sheopal Singh. The distance between police station and the place of occurrence was six miles.

(3.) The autopsy on the person of the deceased was conducted by P.W. 6 Dr. S. S. Agarwal at 8.15 P.M. on 24-10-1975. The Doctor noted a single gunshot wound of entry with its corresponding exit wound. This injury was oval in shape. 1 cm x 1 cm in diameter in an area of 6 cm. x 4.5 cm. over right iliac foci. Margins were inverted, collar around the wound was abraded. It was 6.5 cm below the navel and 2 cm above the thigh margins. Tattooing was present, but there was no blackening or scorching. Two oval shaped exit wounds were also found by the doctor on the left buttock. These wounds were separated by 2.5 cm. from each other. There was a fracture of the left hip bone. In the internal examination the brain was found liquified. In the brain cavity 3/4 lbs. of blood was present. Stomach contained 6 ozs. semi-digested food. Small intestine was ruptured through and through. Large intestine was ruptured through and through. Large intestine was ruptured in absenting colon. Rectum was ruptured through and through. Post-mortem examination report is Ex. Ka-6. Doctor has noted that injury No. 2 is exit wound of injury No. 1. He has very clearly stated that apart from the injuries, noted down by him, there were no other injuries on the person of the victim. Fracture underneath injury No. 1 was the result of this injury. The directions of the injury was downward. According to the Medical Officer direction of the weapon must have been downward, but he clearly exhibited his inability to opine whether such an injury can occur only when the killer was standing on a higher level.