RAJ KARAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23-11-1981 passed by Sri B. D. Agarwal, the then Sessions Judge, Kanpur in S.T. No. 202 (M) of 1981, State v. Raj Karan Singh, whereby he convicted the accused-appellant of the offence under Section 304-A, IPC and sentenced him to undergo R.I. for a period of one and half year.

(2.) The prosecution story was that the accused-appellant Raj Kiran Singh, constable Arun Kumar deceased, constables Narendra Kumar injured and Mohd. Ahmad injured were posted in the police station, Collectorganj, Kanpur, that Constable Narendra Kumar injured was Police Mess Clerk in the days of occurrence, that sugar pertaining to the quota of March, 1981 was given to one Constable Raj Karan Singh Yadav due to 13th day's ceremony consequent upon the death of his father, that on 10/03/1981 in the morning the accused appellant constable Raj Karan Singh was on Sentry duty at the police station, that Musket No. 58888 had been issued to him besides the cartridges of bore 410, that at 6.30 A.M., he inquired from constable Narendra Kumar injured about the sugar for the month of March 1981, that constable Narendra Kumar injured told him that the same had been given to Raj Karan Yadav and that if he would have extreme necessity sugar for the succeeding month will be issued to him, that constable Arun Kumar deceased also came there and there was verbal altercation between him and the accused appellant, that the accused-appellant shot at him with the musket above mentioned, that constable Arun Kumar deceased fell injured to the ground, that constable Harendra Kumar P.W.1 and constable Mohammad Ahmad P.W.2, who were standing closeby received injuries due to impact of gun powder, that P.W.3 Ram Prakash Tewari, inspector incharge rushed to the scene, that the accused appellant was caught hold of, that the musket and nine live cartridges were seized from him, that the used up cartridge was left inside the musket, that constable Narendra Kumar P.W.1 lodged first information report at the same police station at 6.45 A.M., that on it a case was registered under Section 307, IPC, that the injured persons were taken to the U.H.M. Hospital by the police jeep escorted by Sub-Inspector Debi Dayal P.W.2, that they were examined at that place by the doctor between 7.10 to 7.35 A.M., that Arun Kumar deceased breathed his last shortly afterwards, that the memo relating to his death was received at the Thana at 9.20 A.M. that thereupon the case was converted to that of murder under Section 302, IPC, that the inquest was made over the dead body at the hospital followed by autopsy.

(3.) Charge-sheet was submitted against the accused-appellant and he was committed to the Court of Sessions. 3-A. The medical examination of Narendra Kumar Constable injured revealed multiple gun shot wound 1/8" x 1/8" all over the front of the chest and abdomen with charring of the inverted margins without blackening of the margins and skin in an area 4" x 31/2". The injuries were fresh and simple caused by fire arm.