RAMKISHAN Vs. STATE

JUDGEMENT

(1.) Appellant being aggrieved by his conviction for offence under Section 302 of the Indian Penal Code and sentence of imprisonment for life by judgment dated 10th March, 1989, passed by the Second Addl. Sessions Judge, Sagar, in Sessions Trial No. 88/86, has preferred this appeal.

(2.) According to the prosecution, on 22-3-1985 at 8.30 p.m. Dhaniram was standing in his courtyard to take food, appellant who at the relevant time was a Naik in T. A. Battalion and was living as tenant in the adjoining house came armed with gun and enquired as to why he has abused his daughter. At this, the deceased Dhaniram replied that he had not abused her at which appellant fired from his gun which hit on his right rib. As a result of the injury Dhaniram fell down. At that time, Purshottam (PW 5), brother of the deceased and Hukumchand were standing there and neighbours Pyarelal and Hemraj also came there. Appellant fled away from the place of incident. Thereafter, Dhaniram was taken to the hospital by his brothers and also neighbours where he was declared dead. Purshottam thereafter gave report (Ex. P/10) to the Cantt. Police Station which led to the registration of case against the appellant. P.W. 7 P. D. Mehar, Officer Incharge of the Police Station came to the hospital and prepared the inquest report. Gun shot injury was found in the inquest. The dead body was ultimately sent for post-mortem examination which was conducted by P.W. 3 Dr. Girish Kumar Dubey. During the course of investigation, the Investigating Officer P.W. 7 P.D. Mehar seized blood stained earth and empty cartridge from the place of occurrence. The Investigating Officer also searched the house of the appellant and seized identity card having the photograph of the appellant and certificate granted by the Army authority. Appellant remained absconding and ultimately was arrested on 16-4-1986 at Gwalior and on his memorandum, gun licence was seized.

(3.) In the post-mortem examination, the doctor found following injuries on his person :-