DALSINGAR ALIAS DALLOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30-8-1979, passed by the Sessions Judge, Azamgarh, convicting the appellant for offence punishable under Section 302, I.P.C., and sentencing him to life imprisonment. The other five accused, who were tried under Sections 302/149, I.P.C., and Section 147, I.P.C., have been given benefit of doubt and acquitted.

(2.) The State has not filed any appeal against the acquittal of the aforesaid persons.

(3.) Faujdar, the brother of the appellant was murdered about 7 or 8 months before the date of the incident. The deceased Gulbadan was one of the named accused, vide first information report Ex. Ka. 16. He was arrested in connection with that case and had come out on bail some time before the incident. According to the prosecution the accused or some of them used to threaten the deceased Gulbadan of dire consequences. On 27-7-1978 at about 8 a.m., the deceased Gulbadan was getting his field irrigated. This field was about 150 paces from his house. Kanhai Chamar, Jokhu Chamar, Sewak Chamar and Kalloo Chamar were engaged for irrigating this field. At the time of incident sewak and Kalloo were working in the field while Kanhai and Jokhu were sitting on the Mend of the field which was being irrigated and were waiting for their turn. On that very Mend, at some distance, the deceased Gulbadan was sitting along with his brother-in-law (Kailash). P.W. 2 Bhagwani, the niece of Gulbadan, was bringing tea for him and Kailash. Before she reached them, the appellant Dalloo, armed with lathis came from the west. The deceased Gulbadan tried to escape but the appellant Dalloo fired at him twice. Thereafter the other accused assaulted him with lathis. Some more persons came there and the accused escaped. The report of the incident was lodged at police station Raunapur Districts. Azamgrah at 10 a.m. The investigation was taken up by P.W. 8 Sheo Harakh Tewari. The Investigating Officer prepared the inquest report, took blood stained and ordinary earth as also 'Bendi' (used for irrigation) in possession. He sent the dead body for postmortem. On postmortem examination the Medical Officer found the following ante-mortem injuries : - 1. Gun shot wound of entry 1 1/4" x 1 1/4" round in shape, abdominal cavity deep and left side back lower part, 11/2" above illiac crest. 2. Gun shot wound of entry 1" x 1/2" back right side 1 1/2" above injury No. 1 abdominal cavity deep. 3. Gun shot wound of exit 1 1/2" x 3/4" on the stomach left side lower part, a portion of loop of intestine was coming out. 4. Gun shot wound of entry 2" x 1" on left arm in the middle on the outer surface. 5. Gun shot wound of entry 11/2" x 1/4" on the eye-lids, right eye ball badly lacerated and punctured, right bone of eye socket was punctured. 6. Gun shot wound of exit 6" x 4" on the head left side 21/2" above the left ear, The brain matter was coming out from the wound and the wound was irregular. There was no blackening or tattooing on or near the wounds. No scorching of hair at any place was present. On internal examination, the Medical Officer found the frontal bone and the parietal bones fractured. There was also fracture of temporal and occipital bones. The membranes of the brain were badly lacerated. The brain was badly lacerated and clotted blood was present in it. The peritoneum and the stomach was perforated under injuries 2 and 3 and there was clotted blood inside. In the stomach there was watery mucous present. The large intestine was lacerated at one place. In the opinion of the Medical Officer death was caused due to coma due to head injuries. After investigation charge-sheet was sub mitted against all the accused.