MOHAN SINGH Vs. THE STATE

JUDGEMENT

(1.) THE Appellant is in appeal against his conviction under Section 302, Indian Penal Code sentencing him to undergo imprisonment for life for intentionally causing the death of the Subedar of the First Battalion of the Orissa Military Police, Charbatia on the 30th day of January, 1976 at about 6.15 a.m.

(2.) PROSECUTION case is that the deceased Subedar Prakash Chandra Choudhury was on official duty in the Guard Room in the second floor of A.R.C. office building at the relevant time. The Appellant was a Sepoy in the First Battalion of the Orissa Military Police at Charbatia. He was relieved of his guard duty in the first floor of the building and went to the second floor, He fired a shot from his 303 rifle (M.O. I) at the deceased which hit him on his back and pierced through resulting in instantaneous death. The motive for the commission of such offence is said to be the existing ill -feeling between the Appellant and the deceased. P.W. 5 was on waiting duty in the second floor. He ran and caught hold of the Appellant and raised hulla. P.Ws. 2, 3, 4, 6, 7 and 8 came to the spot on hearing the hulla of P.W. 5. P.W. 5 caught hold of the Appellant and snatched away the rifle. Thereafter, a telephone message was sent to the nearest police station. A station diary entry was made by the Officer -in -Charge of Choudwar Police Station (P.W. 14) went to the spot and recorded the first information from P.W. 1. He made inquest over the dead body and sent the same for post -mortem examination. He also examined witnesses at the spot and seized the rifle and the cartridge available as well as other materials from the spot. A confessional statement was recorded by P.W. 12. The rifle and the cartridge were sent for expert examination and the other materials having blood -stains were also sent for chemical examination. On completion of investigation, charge -sheet was submitted by P.W. 14 on 13 -4 -1976 for offence under Section 302, Indian Penal Code.

(3.) THERE is no dispute about the fact that by the injuries sustained by firing of the rifle, the death was instantaneous. From the evidence of the doctor as well as from the statement of P.W. 5, it is abundantly clear that the Subedar died of gun -shot injuries and the death was instantaneous. The doctor has also opined that the injuries could be caused by the 303 rifle (M.O. 1). From the post -mortem report Ext. 5 as well as the testimony of the doctor, it IS clear that there was one entrance wound on the back side of the deceased and also there was corresponding exit wound on the front side. The dress which the deceased had put on also contained the corresponding boles. There is no dispute about the fact that the deceased died in that room and at the spot immediately after the firing of M.O. I. Agreeing with the trial Court, we hold that the death of the Subedar was due to gun -shot.