SATYA NARAIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Satya Narain who has been sentenced and convicted to undergo imprisonment for life Under Section 802 IPC by learned Addl. Sessionsjudge, Lucknow.

(2.) IT is alleged that a month before this occurrence an altercation took place between Ashok, on one hand, and Satya Narain accused, on the other. Satya Narain had delivered a knife blow on Ashok, An F. I. R. about that incident had been lodged at P. S. Khala Bazar. Chandrika and Babu Singh were helpers of Ashok and this had given a cause to Satya Narain to bear grudge both towards Chandrika and Babu Singh. On 21st October, 1971, at about 6 p. m. Chandrika, accompanied by Babu Lal alias Babu Singh, Pooran, Rama, Ashok, and Janki were going to the house of Rama, situate in Terhi Bazar, When this party reached in front of the house of one Munna Babu, Satya Narain, Rajesh, Shyam Narain and Gopal surrounded them. Gopal and Shyam Narain are said to have instigated Satya Narain and Rajesh upon which Rajesh and Satya Narain, both of whom had pistols in their hands, shot in this way that while Rajesh shot at Chandrika, Satya Narain shot twice at Babu Singh. Both these persons fell down injured and thereafter the accused are said to have made good their escape. After some time, some police people arrived on the spot and they are said to have taken Chandrika and Babu Singh to the Medical College. Babu Lal alias Babu Singh was examined in the Medical College at 6. 40 p. m. He was found to have the following injuries :

(3.) NO signing or tattooing was present in both the injuries. The injuries, according to the doctor, were grievous. General condition of the patient was low. Pulse was thready, feeble and faint. Blood pressure was not recorded. Pupils were semi-dilated. The patient was semi-conscious. Duration of injuries was about half a day. The patient was admitted as an indoor patient. He was administered medicines. It appears that the patient had revived as a result of injections administered to him. According to Dr. Mehrotra, at about 7. 30 p. m. since the patient was mentally alert and conscious, he recorded the following dying declaration which is Ex. C-l : Satya Narain mere bhatije ko mar raha tha. Maine Kaha ki ise mat maro. Is par usne revolver se mere Ko goli mari jo meri gardan men lagi. Maine Kaha Ki aba ek mar chuke ho aur mat maro. Lekin usne phir our goli man. We may note hero that an English Version Ex. C-3, was also prepared by the same doctor which reads as follows :--