GAUTAM LAL Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment and order of Sri. M. P. S. Tomar, Additional Sessions Judge, Etah by which he convicted the appellant (Gautam Lai) under Sections 302 and 307, Indian Penal Code and sentenced him to imprisonment for life on each court.

(2.) Two persons lost their lives in this case, they were Sri. P. N. Mishra and Hari Singh. At the relevant time (21-10-1977) Sri. D. N. Mishra was S. O. Government Railway Police, Kasganj. On 21-10-1977, 14 Down on its run from Mathura to Lucknow arrived at Kasganj Railway Station at about 10.40 P. M. Soon after the train arrived at Kasganj Railway Station, Sri. D. N'. Mishra along with constable Chandra Prakash Tewari. P. W. 22 started checking it with a view to find out whether or not it was proper-? escorted by the Railway Police Security Force. He found two rakshaks, namely Bhole Prasad and N. P. Mflthew on 1?he platform towards the front par of the train. He talked to them and learnt that two rakshaks more were in the train and they were sitting in one of the compartments at the rear. He then came to the rear part of the train and found those two rakshaks sleeping. One of them was the appellant and the other was Mahendra Singh. Sri. D. N. Mishra awakened them and reprimanded them for having gone to sleep. He took down their names and also asked them to remain alert. Telling them like this he left the place for eoing to another platform to check Train No. 117 UP which had steamed in at that very time. It is said that alter ha had covered a few steps and had arrived near the water-hut (pyaoe) the appellant fired thses shots at him with his rifle. The three shots aftr killina him. pierced through his body and hit thxee persons move on the platform, namely, Hari Singh. Bwnesh-war Prasad and Kailash Chandra They were also badly hurt. This shocking incident was saen to several persons > including Chandra Pr abash Tewari P. W. 32, Mabesh Chandra P. W. 6. Dumdum Ram P. W. 2. Ganga Das P.W. 3 and Pushkar Sinful, P. W. 23: All them penspns apprehended the appellant and disarmed him. Chandxa Prakash Tewari, P. W. 22, and Pushkw Singh. P. W. 23 tfeen toak the appellant to the police station. There Chandra Prakash Tewjapi lodged a report at 11 P. M. He also deposited the rifle of the appellant at the police station.

(3.) S. I. B. S. Bhaduria, P. W. 26 was present at the police station when the report was lodged. He immediatelflr went to the place of incident and found the dead body of Sri. D.N. Miabra lying on the platform. He also found Hari Singh, Rameshwar Singh and Kiawah Chandra injured at that place. He immediately sent these three injured persons to Kasganj hospital for medical aid and then busied himself in holding an inquest on the dead body o D. N. Mishra. Had Singh. Kailash Chandra % and Rameshwar Singh were examined by Dr. K. S. Yadav between 11.30 P.M. and 11.50 P.M. and he found the following injuries on their bodies. Hari Singh Lacerated gunshot wound 4 cm x 2 cm brain protruding on the right side head 7 cm. towards the inner end of the right eyebrow. The wound was profusely bleeding. Ramesh Chandra. Lacerated gunshot wound 8 cm x 3-3 cms x muscle on the right side neck below ear, Kailash Chandra Gunshot wound 1 cm-x 1; cm x muscle blood vessels on the left side neck 2 behind ear lower part. After S. I. B. S, Rbaduria had held an inquest on the dead body of Sri D.N. Mishra he sent it duly seated to mortuary for post-mortem examination.