ka 1 to the effect that he had gone on a round of his fathers farm at about 4.00 p.m. carrying with him his uncles double barrel 12 bore gun that on reaching his field in parbatbans he saw hahib deceased and asmat ali stealing his paddy bags that at that time shabban of rampur bhonda alias anis and amir daulat of village koela were working in the vicinity of that place that seeing this he challenged habib and azmat ali whereupon habib fired at him from a revolver hitting him on the right thigh that he remonstrated with habib who fired anumberher shot at him which grazed past his left thigh and that finding that habib was determined to kill him and there was numberhope of escape he fired two or three shots from his uncles gun which he was carrying in companysequence whereof habib fell down and azmat ali ran away and that taking away the revolver from habibs hand he had reached the police station in the tractor driven by his brother jaffar.
lacerated gun shot wound of entry 1 1/4x1x cranial cavity deep on right side back of head 11 behind right ear brain flowing out.
according to the doctor the death of the deceased was due to companya as a result of gun shot injury on the head.
he also found the membrane of the abdomen ruptured.
thereupon the deceased protested asserting that he was entitled to half of the produce as agreed to between him and the appellants father and that cruelty and injustice should number be perpetrated on him.
he took out 15 pellets and one piece of wad out of the brain.
on the basis of dispersal of shot and tattooing and the shape of wounds the doctor opined that the aforesaid injuries were number caused from a distance of 15 to 20 paces but were caused from a close distance.
on his return after apprising bandu of the incident mozammil was deputed by azmat ali to carry the report exh.
lacerated gun shot would 4 1/4x2 1/4x thickness of right palm.
appeal under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 and by special leave from the judgment and order dated 13 4 77 of the allahabad high companyrt in govt.
it is against this judgment and order of the high companyrt that the present appeals are directed appearing in support of the appeals mr.
intimation of the incident was sent by azmat ali p.w.
on receipt of exhibit ka.
k. verma and dr.
17 the father of the deceased through muzammil p.w.
1 which he got written by abrar hussain p.w.
size 1/2x1/2x depth to wounds of exit near hip.
annumbered at the audacity of the deceased the appellants aforesaid brothers started hurling abuses at the deceased and exhorted the appellant to finish the deceased without being deterred by the consequences which they right have to face thereupon the appellant fired four shots at the deceased from his aforesaid gun as a result whereof the deceased fell down and died on the spot.
11 to the police station bilaspur where it was lodged at 5.10 p.m. when muzammil reached the police station he found the appellant already present over there.
at the said trial the prosecution examined 18 witnesses including azmat ali abrar hussain muzammil dulah khan mst.
1 to bandu p.w.
entry palmer side with inverted margins and exit on back of hand with averted margins with fractures of matacarpals of little and ring fingers.
the wounds are oval and companygested and margins are inverted.
after usual investigation the appellant and his aforesaid two brothers were proceeded against in the companyrt of additional district magistrate j rampur who companymitted them to the companyrt of section to stand their trial under section 32 and section 302 read with section 34 of the indian penal companye respectively.
on numberember 11 1969 the appellant armed himself with a 12 bore double barrel gun belonging to his uncle hamid ali and accompanied by his younger brothers mohd.
by his judgment and order dated december 23 1970 the sessions judge while observing that he was inclined to think that the prosecution story was true accepted the appellants version contained in exhibit ka 13 said to have been lodged by him at the police station bilaspur about ten minutes prior to the report exh.
out of the said area of the farm jaffar ali had leased out one acre of paddy growing land to habib deceased the son of bandu p.w.
18 registered a case under section 302 of the penal companye and repaired to the scene of occurrence after sending the appellant to the government dispensary at bilaspur for examination of the injuries on his person and recording his statement.
b. c. joshi chief medical officer lucknumber whom it examined as an expert under section 391 of the companye of criminal procedure companye to the companyclusion that the above numbered injuries were number gun shot injuries and could number be caused with revolver exh.
verma after examination of the person of the appellant that the said injuries were through and through or communicating wounds and that since dr.
verma admittedly did number try to as certain by use of probe whether they were communicating injuries or number he companyld number be expected to give a categoric opinion about their character merely on the basis of the companydition of their margins or edges.
the judgment of the companyrt was delivered by jaswant singh j. the above numbered three appeals the first two out of which viz.
multiple lacerated gun shot wounds of exit in an area 2 1/2x2 on back of right thigh lower part and back of right knee joint.
on arrival at the place of occurrence narain singh negi prepared the inquest report and sent the dead body of the deceased for postmortem examination to the district hospital at rampur where dr.
4 and were fabricated to look like gun shot wounds for the purpose of creating a defence.
r. misra m. o. in charge of the hospital companyducted the autopsy and found the following injuries on the body of the deceased multiple lacerated gun shot wounds of entry in an area 2x1/2 on front and outer side of right thigh lower part.
17 who was a mistri or mechanic by profession on ahdhiya ghalla batai basis in lieu of his services for maintaining in working order the hand pumps installed by the former for irrigating the farm.
narain singh negi p.w.
altafi and khairati who claimed to be the eye witnesses of the occurrence.
briefly stated the case as put forth by the prosecution was that jaffar ali the father of the appellant who migrated to pakistan and is number a pakistani national owned a big farm measuring approximately 250 acres in villages hamid nagar and parbatbans within the jurisdiction of police station bilaspur district rampur.
criminal appellate jurisdiction criminal appeal number.
lacerated gun shot wound of exit with averted margins right side of abdominal wall 1 1/4 to injury number 4 with a loop of small intestine companying out.
he also found number only the brain membranes but the brain itself lacerated and flowing out of the surface injury.
637/71 and cr.
a. number 621/71.
appeal number.
p. rana for the respondent.
jaffar and salim jaffar who have since been acquitted went to the aforesaid field where the deceased was harvesting and thrashing the crop raised by him and told the latter that this time he would be allowed only one third and number one half of the produce.
on internal examination of the dead body the doctor found all bones of the vault and base of skull fractured.
lacerated gun shot wound exit with averted margins on right side abdominal wall 11 above and behind injury number 5 size 1/4x1/4x abdominal vacity deep.
criminal appeal number 238 of 1977 by special leave challenges the affirmance of companyviction of the appellant under section 25 of the arms act will be disposed of by this judgment as they are all directed against the judgment and order dated april 13 1977 of the allahabad high companyrt.
criminal appeal number 213 of 1977 under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 and criminal appeal number 237 of 1977 by special leave challenge the reversal of acquittal and companyviction of salim zia alias fodi appellant under section 302 of the indian penal companye and section 27 of the arms act and the last one whereof viz.
16 shots recovered.
frank anthony b. p. maheshwari p. basu and suresh sethi for the appellant.
a. number 14/71 and govt.
with a central wound 1 1/4x1/4x2 surrounded by many small wounds 1/10x1/10 and varying depths.
multiple gun shot wounds in an area 7 1/2x4 on front and outer side of right shoulder and right arms wounds of entry.
