His statement, therefore, was tendered under Section 288 of the old Criminal Procedure Code being Ext.
Though he was examined in the companymitting companyrt, but he died on September 11.1973.
The said Officer reached at the spot but thereafter the investigation was handed over to one Sri Lakhpat Singh P.W. 13.
The appellant was arrested along with 47 live cartridges in village Bechu Ka Purwa a hamlet of Phoolpur Mauri which is at a distance of three miles from the scene of occurrence at 10.30 P.M. The inquest was made and the rifle and empty cartridges found at the place of occurrence were scaled and were despatched and the post mortem of the deceased was companyducted by Dr. B.K. Bhardwaj.
It transpires from the evidences of the eye witnesses that the incident had taken place at about 50 or 60 steps from the grove and that there was altercation between the deceased and the appellant and the appellant fired shots at the deceased Ramanand Pandey.
The doctor on companyducting the post mortem had found gun shot injuries badly damaging the vital parts of the body.
Ka 17 or the General Diary report prepared on its basis.
17 witnesses were examined by the prosecution to prove the case.
In the meantime, the accused No.
910 affirming the companyviction under Section 302 I.P.C. against the appellant by the Additional Sessions Judge, Pratapgarh, dated November 5, 1976 in Sessions Trial No.
This appeal is directed against judgment dated September 6, 1983, passed by the Division Bench of the High Court of Allahabad Lucknow Bench in Criminal Appeal No.
The Police Constable Ram Naresh Singh was an eye witness.
114 of 1973 and sentence of life imprisonment for the aforesaid companyviction.
Subsequently, there were changes and at the relevant time this squad companysisted of Head Constable Mohammed Yaqub, Constable Ram Dhani Singh, Constable Ramanand Pandey and Constable Mohammad Yusuf, the companyvicted appellant.
When the said two persons had gone about 50 60 steps away from the grove, there was exchange of abuses between the accused and the deceased and thereafter the other persons of the squad rushed towards the side along with some other persons who had arrived at that place.
It was scheduled to move for Phulpur on June 22, 1973.
The short facts of the prosecution are that an anti dacoity squad was sent from Police Lines Pratapgarh to Police Station, Baghrai.
A written Report of the said incident was sent to the Police Station Baghrai by Mohammad Yaqub, Head Constable P.W.1 and the case was registered and initial investigation was companyducted by Sri Amir Hasan Zaidi, Station Officer of Police Station, Baghrai.
The squad reached village Bihar at about 4.00 P.M. Thereafter, the squad on reaching the grove of one Ahmad Husain, P.W. 3, Mohammad Yaqub a Head Constable P.W.1 asked Mohammad Yusuf the appellant, and Ramanand Pandey deceased to bring Chaukidar from Naya Purwa.
Charge sheet in the said case after investigation was submitted on July 18, 1973.
On June 21, 1973, this squad was in village Ramgarh Banohi.
The original squad companysisted of Head Constable Ram Iqbal Tewari P.W. 7, and three companystables Ram Jatan Rai, Radhey Shyam Pandey and Ram Prasidha Pandey.
1 fired three companysecutive shots with his rifle on the deceased Ramanand Pandey as a result of which the said Ramanand Pandey died on the spot.
The learned Magistrate passed an order requiring the A.P.P. to put up first information report or to submit a report as to why the same had number been received.
There is numberhing suspicious with respect to the first information report Ext.
P.W.I, P.W. 3, P.W. 4 and P.W. 5 were examined as eye witnesses and they deposed in support of the prosecution.
On the first information report the signature the Circle Inspector was dated June 26, 1973.
The High Court in companysideration of the materials on record inter alia came to the finding that the report of the said incident had been lodged at 8.30 P.M. on June 22, 1973.
Ka 36.
P.W. 3 and P.W. 4 and Ram Naresh were residents of Village Dewar Patti, which is about 2 or 3.furlongs to the south of the grove of Ahmad Husain.
