SHAMBHUSINGH Vs. THE STATE

JUDGEMENT

(1.) SHAMBHUSINGH has filed this appeal against the judgment of the Additional Sessions Judge, Bundi, dated 27th November, 1973, challensing his conviction under Section 302 IPC and sentence of life imprisonment for committing the murder of one Deena. He has also challenged the conviction under Section 27 of the Indian Arms Act.

(2.) BRIEFLY stated, the prosecution story, as revealed by the eye -witnesses, is like this.

(3.) THE body of Dina was sent for post mortem examination. Dr Ram singh PW 7 performed the post -mortem examination and found two external injuries, namely, wound on the right side of the thigh lateral aspect and oval opening 1/4" x 1/4" in between 5th and 6th postal cartilages on left side near sternum. On opening the body and further exploring the wounds, the doctor discovered a pellet which caused wound No. 1 on the right side of the thigh. He also found an oval opening 1/4'' x 1/4" in the 10th rib posteriorly with fracture of that rib. A pellet was also found in the subcutaneous tissue in the left side of chest in back corresponding to 10th rib. He also noted down that injury No. 2 had a charring in 3/4" diameter on the medical side of the wound In his opinion, the injury caused by the entry of the pellet in the chest was fatal and the death was caused on account of that injury. It was sufficient in the ordinary course of circumstances to cause death. After investigation, a challan was put up in the Court of the Additional Munsif -Magistrate No. 2, Bundi, who after taking committal proceedings, sent the accused to stand his trial for the Under Section 302 IPC & Section 27 of the Arms Act before the learned Additional Sessions Jude, Bundi Except the testimony of the eye -witnesses, there is no other circumstantial evidence to connect the accused with the crime. The gun which was recovered in pursuance of the information supplied by the accused when he was under custody, however, could not be connected with this murder.