RAVINDRA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal under section 374 (2) Cr. P. C. against the judgment and order dated 16. 4. 1982 passed by Vth Additional Sessions judge, Budaun in Sessions Trial No. 378 of 1979 (State v. Ravindra) whereby the appellant has been convicted and sentenced to life imprisonment under section 302 IPC and two years rigorous imprisonment under section 324 IPC.

(2.) THE incident relates to murder of Ram Krishna son of Rudra Prasad resident of village Sathra Police Station Usehat District Budaun which took place in the year 1972. He had contested election of village Pradhan against Baba Vishal Das who was being supported by the appellant's father Ramdin. In the said election Baba Vishal Das defeated the deceased. After the said election appellant's father Ramdin was murdered. His son Hari Om lodged first information report in the matter against three persons namely Ram Kishan his brother Sri Ram P. W. I and Nazir. All the three faced trial and were convicted by the Sessions Court. In appeal they were however, acquitted by the High Court in the year 1974. This is said to be the motive for commission of present crime and killing of Ram Krishna by the present appellant.

(3.) IN the post-mortem examination, following ante-mortem injuries were found on the body of deceased Ram Krishna :- (1) Gun shot wound of entry 1 cm x 1 cm x brain deep on left side making a hole in the skull 9 cm above from It. ear. There was no blackening or tattooing present. One big pellet was recovered from brain cavity Lt. side. (2) Gun shot wound 1 cm x 1 cm x scalp deep on left masioid region. One pellet was recovered. (3) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. side chest 9 cm above from Rt. Nipple at 12 'o' clock position. (4) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. Side chest 6 cm lateral and anterior to injury No. 3 at anterior axillary line. (5) Gun shot wound of entry 1 cm x 1 cm x skin deep on top of Rt. Shoulder joint. (6) Gun shot wound of entry 1 cm x 1 cm x skin deep on Rt. scapular region upper part. (7) Gun shot wound of entry 1 cm x 1 cm x muscle deep 6 cm lateral to injury No. 6 (8) Gun shot abrasion 5 cm x 2 cm x 4 cm lateral to injury No. 1 (9) Gun shot wound of entry 1 cm x 1 cm x bone deep 4 cm below & medial to injury No. 6, one pellet was recovered. (10) Gun shot wound of entry 4 cm below & lateral to injury No. 9 measuring 1 cm x 1 cm muscle deep. (11) Gun shot wound of entry 1 cm x 1 cm x brain deep 7 cm lateral to injury No. 10. (12) Gun shot wound of entry 1 cm x 1 cm x cavity deep on inferior angle of scapula. (13) Gun shot wound of entry 1 cm x 1 cm communicating to wound of exit on Rt. Side scapular region upper part. (14) Gun shot wound of Exit 2 cm x 2 cm communicating to wound of entry (injury No. 13) on Rt. Side shoulder on anterior aspect of chest 1 cm above clavicle. (15) Gun shot abrasion 1. 5 cm x 1 cm on mid line back upper third. (16) Gun shot abrasion 4 cm x 1 cm on back left side 1 cm from mid line. (17) Gun shot abrasion 3 cm x 1 cm over back of left scapular region medial border. (18) Gun shot wound 1 cm x 1 cm x skin deep on scapular region medial part. (19) Gun shot wound of entry 1 cm x 1 cm x skin deep on left shoulder. (20) Gun shot abrasion on dorsum of left wrist joint. (21) Contusion 6 cm x 3 cm on left side of deltoid region. (22) Contusion 6 cm x 3 cm on the left side of chest 2 cm below left nipple. (23) Contusion 6 cm x 2 cm on lateral r side of left leg upper IIIrd about 4 cm below and lateral to lower border of the left patella. (24) Abrasion about 2 cm x 2 cm over left side of back about 2 cm to T-12 vertebra spine.