MURLI Vs. STATE

JUDGEMENT

(1.) APPELLANT Murli filed this appeal against the judgment and order dated 19.1.1979 passed by the Sessions Judge, Etawah, convicting the appellant under Section 302, I.P.C. and sentencing to life imprisonment.

(2.) ORAL F.I.R was lodged at the P. S. Ajeetmal on 25.5.1977 at 3.30 a.m. by Randhir Singh, deceased himself, naming the appellant Murli having assaulted him with firearm. The deceased-informant stated that he was assaulted at the Khalihan situate in village Gokulpur at 9.30 p.m. on 24.5.77. He named the appellant as the assailant having caused firearm injuries to him. He named Sipahi Ram and Ram Autar as witnesses who had seen the assailant in the moonlight assaulting him. The police station is 4 miles from the place of occurrence.

(3.) IN support of the prosecution case, eye-witness P.W. 1 Sipahi Ram and P.W. Ramadhar were examined. P.W. 2 Dr. Chandra Prakash, who had conducted the post-mortem examination of the deceased, was examined. P.W. 5. Dr. S. D. Misra of the District Hospital, Etawah whose injury report showing the injuries on the person of the deceased Randhir, was also examined. P.W. 3 Netrapal Singh proved the inquest report after duly preparing the inquest report. He prepared photo-lash, challan-lash and sent them along with a letter to the Chief Medical Officer. P.W. 6 Rais Ahmad had investigated the case and has submitted the charge-sheet.