DHANI RAM Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against order of Sri R. K. Saxena, learned II Additional Sessions Judge Shahjahanpur dated September 1977 in Sessions Trial No. 6 of 1977 by which the appellant was convicted under Sections 302 and 323/34 of the Indian Penal Code he was sentenced to imprisonment for life under Section 302, I. P. C. , only.

(2.) THE prosecution story briefly stated is that the house of Khimma deceased opened towards east; a lane running north-south intervened in between his house and house of informant Chhotey, P. W. 1, whose hut was situated towards southeast of the house of Khimma. This hut adjoins hut of Shambhu towards east. In front of their house lay an open courtyard. Chhotey injured and Dhani Ram. appellant are co-villagers, residents of Barigaon, police station Sehra Mau, district Shahjahanpur, Dhaniram, appellant aged about 20 years is a carpenter. THE village is predominately inhabited by Pathans. Occurrence took place at dead of night in between 20th and 21st October 1976 while Chhotey and his family members were sleeping in their hut and a lamp was burning there; informant was awakened by the sound of intrusion and accosted them one miscreant reached his cot and threatened him with dire consequences at pistol point, he held the barrel of the pistol and a scuffle ensued informant was dragged outside his hut the stranger associate of appellant dealt a lathi blow on informant the out cry of informant and hue and cry of his family members attracted to the scene of occurrence Khimma victim and his son Mewa Ram P. W. 2 while running away from the scene of occurrence appellant fired a shot on Khimma who fell down dead in torch light flashed by Mewaram and Dava Ram and light of lamp appellant was recognized although his associate could not be identified by witnesses Shambhu. Dayaram, etc. miscreants managed to escape towards northeast.

(3.) DR. S. C. Vaish, the then Medical Officer District Jail Shahjahanpur held autopsy on the dead body of deceased Khimma on October 22, 1979 at 10 a. m. He detected ante-mortem multiple wounds fifty in number in an area of 26x21 cm. on the right side lower and outer front of chest, upper part of the neck and upper and outer half part of the right side of chest of victim. Wound is charred margined. No scorching and no tettooing.