BINDA Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Four persons, namely, Chhatrapal, Binda, Vijai Singh and Mohan Lal were charge-sheeted in Case Crime No. 151 of 1980, Police Station Baberu, District Banda to face trial under Section 302 I. P. C. However, Chhatrapal came to be murdered and only the remaining three were tried under Section 302 I. P. C. read with Section 34 I. P. C. for the murder of one Raja Bhaiya son of Indrajeet Singh PW 1 in S. T. No. 17 of 1980 before the Ist Additional Sessions Judge, Banda. Out of them, Vijai Singh and Mohan Lal were acquitted as no role was assigned to them. The accused-appellant Binda was convicted under Section 302 I. P. C. read with Section 34 I. P. C. and sentenced to life imprisonment by judgment dated 11-9-1981 which is impugned in this appeal.

(2.) THE accused-appellant absconded and non-bailable warrant was issued against him by this Appellate Court. Consequently, he came to be produced before this Court on 1-4-2004 and directed to be lodged in jail.

(3.) INVESTIGATION was conducted by Sher Singh PW 4, S. O. , Police Station Baberu in whose presence the F. I. R. was lodged and the case was registered. He even professed to record the statement of the victim under Section 161 Cr. P. C. before dispatching him to P. H. C. It was Dr. R. K. Mehrotra PW 8 who had certified the fit mental condition of the victim at the time of his dying declaration. It wound be relevant to note down below the ante- mortem injuries found on the person of the deceased : (1) Gunshot injury of entry 3 cm x 2 cm x full thickness of right forearm, 10 cm below the elbow. Margins lacerated and inverted. Direction forward. Granulation tissue present over the wound base. (2) Gunshot Injury of exit 10 cm x 5 cm on the middle third of the front of right forearm. Injuries No. 1 and 2 communicated freely. (3) Eight gunshot injuries of entry each measuring 1 cm x 1 cm x abdomen cavity deep over an areas of 11 cm x 10 cm on the right side wall of abdomen upper half, 24 cm below the right axilla. Margins lacerated, infected and inverted. Direction backward from right to the left. Wound bases covered with slough. (4) Abrasion 2 cm x 7. 5 cm on the side back above the right iliac crest. (5) Five gunshot injuries of exit each measuring 1. 5 cm x 1. 5 cm over an area of 10 cm x 10 cm on the right side back lumber region. Wound edges inverted. Wound covered with slough. (6) Two incised wounds each measuring 1. 5 cm x 1 cm x muscle deep at 0. 25 cm apart on the left side back outer to 2nd and 3rd lumber vertebrae. (7) Incised wound 1. 5 cm x 1 cm x muscle deep on the right side back on the renal angle. Injury No. 3 communicated with injuries 5, 6 and 7. (8) Linear opened wound stitched 21 cm in length on the right front of abdomen-paramedial region.