HARI PRASAD Vs. STATE

JUDGEMENT

(1.) - The appellant Hari Prasad has been convicted by Sri V.P. Mathur the then Sessions Judge, Fatehpur by the judgement dated 16-6-1980 passed in Sessions Trial No. 32 of 1980 under S. 302 IPC and sentenced to undergo life imprisonment. Aggrieved, he has preferred this appeal.

(2.) One Kalloo Lodh was murdered in this incident on 18-10-1979 at about 8 P.M. in village Khargupur Vargala within P.S. Sultanpur Ghosh, district Fatehpur. The prosecution story was that in front of the house of the accused and Chhote Lal there was some open land lying in the form of Parti. At one time it was under the cultivation of the accused but during the consolidation proceedings, the accused was allo-tted another land and this Parti land came to be owned by the Gaon Samaj. The deceased Kalloo and his family members started using this land for keeping their cow dung cakes and it was disliked by the accused. On two occasions prior to the occurrence, he had objected to it but to no effect. The deceased Kalloo Lodh used to work as a labour on a road under construction near Hathgaon and used to return from there at about 7.30 P.M. on 18-10-1979, in the morning at about 10 or 11 A.M. the accused again broke down the fresh cow dung cakes prepared by the wife of the deceased. Kishun Lal P.W.2 who is the son of the deceased was present at that time. He protested but the accused did not pay any heed. When Kalloo Lodh returned from his work at about 7.30 P.M., his wife and son Kishun Lal P.W.2 immediately complained to him about the high-handedness of the accused in damaging their cow dung cakes. Kalloo immediately proceeded towards the house of the accused to remonstrate. Kishun Lal P.W.2 accompanied his father. Both of them reached the door of the house of the accused who was found present there. When Kalloo lodged his protest the accused immediately got infuriated and started hurling abuses on Kalloo. Kalloo asked the accused not to abuse him. He and his son Kishun Lal P.W.2 withdrew from the door of the accused and came near the well in front of the house of Chhote Lal. The accused followed him with his gun hurling abuses and he fired on Kalloo from close range. The shot proved to be fatal and Kalloo died then and there. The occurrence was witnessed by a number of witnesses, including Hira Lal P.W.3, Shiv Narain, P.W. 4 and others besides Kishun Lal P.W.2 himself who was in the company of his father. The dead body was brought by Kishun Lal, P.W.2 to his door with the help of the witnesses. He got the FIR scribed by Naresh Bahadur Singh, P.W.5 and went to the police station where the same was lodged at 11.30 P.M. Chick was prepared and by means of entry in G.D.a case under S. 302 I.P.C. was registered against the accused. The investigation was taken up as usual. S.I. Umrao Singh was present at the Police Station. He proceeded to the scene of occurrence. Panchayatnama etc. had been prepared by him on 19-10-79 in the morning. The investigation was handed over to and conducted by S.S.I Shiromani Singh Chauhan, P.W.7. He too reached the spot at about 8 A.M. on 19-10-1979. The dead body was sent for post-mortem through Constables. Post-mortem over the dead body of the deceased was conducted by Dr. J.S. Rai, P. W. 1 on 20-10-1979 at 11 A.M. The following ante-mortem injury was found on the person of the deceased : Gunshot wound of entry 1-3/4" x 1-1/2" x cavity deep with margins inverted and lacerated. Blackening and tattooing was present. This injury was in front of the abdomen on the left side 3/4" at 2 O' clock position to the umbilicus. The direction was from left to right and downwards and backwards. One wadding piece and 52 small shots (pellets) were recovered from the body and sealed and handed over to the constable. The stomach was lacerated and empty. The small intestine was also lacerated and empty. The large intestine was lacerated and full of faecal matter.

(3.) The deceased was about 40 years of age and about 1-1/2 days had passed since he died. Death had occurred due to shock and haemorrhage as a result of ante-mortem injury which was sufficient in the ordinary course to cause death.