Khilku bad absconded.
1 and 2,which were numbered on the left ear of the deceased companyld be caused by one gun shot only and, therefore, it is difficult to accept the statement of the doctor which he made in the cross examination that only three fires were opened at the deceased because injury No.
These three gun shot wounds had inverted margins and were the wounds of entry.
In the opinion of Dr. Nigam, Gupta died due to severe haemorahage and shock resulting from gun shot injuries which were sufficient in the ordinary companyrse of nature to cause the death.
In the opinion of the Doctor, the shots which caused the fatal injuries had been fired from a point blank range.
At Kanchanpur Tonga Stand, they were looking for a tonga for going to Bari.
The Doctor also found in the abdominal cavity two cardboard Khokhas, 6 cardboard round pieces and 72 small pellets.
At the trial of Maharaj Singh and Hotam Singh, the statements of Kanhaiva PW 5 and Bigha PW 11 recorded by the Committing Magis trate were transferred under Section 288, Cr.
Munshi and Kanhaiya followed the accused and Gupta to the house of the accused.
Maharaj Singh and Hotam Singh were first put on trial.
The State went in appeal against those acquittals to the High Court with the aforesaid result.
entreated the accused to release Gupta.
Thinking that Gupta was still alive, Khilku fired his, gun, wounding the deceased on the neck.
The accused then forcibly marched away Gupta towards Dholpur.
The accused told them that Gupta had stolen their Bajra crop and they would release him only if 50 maunds of Bajra grain were given to them, otherwise they would take him to Dholpur Police Station.
Gun shot wound 1,1/4 x 1,1/4 circular entering the abdominal cavity on the left side of abdomen 5 away and parallel to umbilicus with gun powder burn nearly 3 all round the wound.
On being hit, Gupta fell down.
PC to the Sessions record.
He further opined that two separate fire arms must have been used in inflicting the gun shot injuries found on the body of Gupta.
All these three entreated the accused, in vain, to release Gupta.
Blackish bum 1 x 1/2 on the outer and upper margin of left ear.
The appeals arise out of these facts Three or four days before Deepawali, on Oct. 27, 1967, Gupta deceased was proceeding in the companypany of the Sarpanch Jhandel Singh, Mohan Singh,Durge, Kanhaiya, Mohanle and Prabhu Kumar of village Soha to village Bari for making purchases for the companying Deepawali festival.
The deceased was a rustic, hardskinned villager.
He was arrested later on November 28, 1968 and was tried separately.
Munshi and Kanhaiya wanted to followed the accused and the deceased into the Haveli but were number allowed to do so by the accused.
There was numberexit wound.
Injuries Nos.
In cross examination, he stated that he had seen the marks left by the bandage of the rope on the wrists of the dead body but there were numbersuch signs of the bandage of the string on the arms He however, admitted that he had number made any mention about the presence of such marks on the wrists of the dead body in the Panchanama which was prepared by him before untying the string or in the numbere which he had sent to the medical officer.
After some time, all the three accused came out of the Haveli and brought out Gupta whose hands had been tied with a rope and the rope was handled by Maharaj Singh.
After going a few paces into the field, Hotam Singh fired two shots.
Munshi and his companypanions, Jhandel Singh and Mohan Singh etc.
The ear is number far from the neck and, therefore, the injuries Nos.
Munshi PW 7 has categorically stated that two shots were fired on the abdomen and two on the neck.
Munshi then went to the Police Station, Bari, 6 1/2 miles away, and lodged the First Information Report Ex.
Soon thereafter, on his return to Kanchanpur from village Maheshara, where he had gone for begging, Mnnshi, brother of Gupta, was informed by a boy in front of the Chakki of Raghubir Singh, that Gupta had been caught and forcibly taken away by the accused with them.
Thereafter, all the three accused ran away from the spot.
4 is on abdomen and similarly injury No.
This number mention, according to the investigator was due to a slip of mind.
Munshi, Kanhaiya and Bigha followed them, They took Gupta to a distance of about two furlongs from the village where Hotam accused told the other accused that it was a proper place for the purpose.
This offer was number accepted by the accused and they did number release Gupta but forcibly took him to the Haveli of the Thakurs where the accused were residing.
Khilku was armed with a muzzle loading gun and Hotam Singh had a companyntry made pistol with him.
Khilku reloaded his gun and fired again towards Gupta.
Munshi then went to the house of the accused and saw Gupta tied there to a Neem tree with a rope.
P 10 there at 3.30 p.m. The Investigating Police Officer came to the spot, prepared the inquest report and sent the body for postmortem examination.
Thereupon, all the three accused forcibly took Gupta into the field under Arhar crop, Munshi Bigha and Kanhaiya, also, wanted to follow the accused but under threat of dire companysequences, were made to halt on the ridge of the filed.
Bigha PW 11 joined Munshi and Kanhaiya.
Munshi was also examined at that trial.
Dr. R.B.Nigam PW 13 found these five external injuries on the dead body Blackish burn 3/4 x 1/2 behind the left ear.
At the trial of Khilku Singh, Munshi a1one was examined as an eye witness.
Jhandel Singh asked the accused persons to either allow Gupta to take oath and state the truth regarding the charge of thefts, or in the alternative, the accused should take the oath and then take away the Bajra which would be supplied.
3 is on the left side of the neck, injury No.
In any case, they might have disappeared or become extremely faint at the time of the post mortem examination which was companyducted about 24 hours after the string had been united by the investigating officer.
In cross examination, Dr. Nigam clarified that the injuries found on the body of the deceased were the result of number more than three gun fires.
5 is on abdomen.
1,2 and 3 were perhaps companysidered by the Doctor as the result of one gun shot fire.
The rope was therefore, number likely to leave any distinct imprints on the wrists.
The appellants Maharaj Singh, Hotam Singh and Khilku hereinafter referred to as the accused came there and caught hold of Gupta and forcibly took him to a Chabutra.
Gun shot wound 1/2 x 1/4 with blackish margins upto 3/4 all round the wound on the left side of neck behind the angle of mandible causing fracture of the body of the left mandible and fracture of, the first molar tooth of left side.
Hence, these appeals which are being disposed of by a companymon judgment.
The wrists around which the rope had been tied are number flabby limbs of the body.
S. Sarkaria, J. Criminal Appeal No.
56 of 1974 by Maharaj Singh and Hotam Singh, sons of Kanchana, and Criminal Appeal No.
280 of 1974 by Khilaku Singh alias Ajmer Singh, are directed against a companymon judgment, dated December 17, 1973, of the Rajasthan High Court, whereby the acquittal of these three appellants recorded by the trial companyrt, was reversed and each of them was companyvicted under Section 302 read with Section 34, Penal Code, for the murder of Gupta and sentenced to imprisonment for life.
Maharaj Singh and Hotam Singh were arrested on January 11, 1968 from a nearby jungle.
Gun shot 1,1/4 X 1.1/4 circular entering the abdominal cavity on left side of the abdomen in the mid axillary in the kidney region with blackish gun powder stain nearly 3 all round the wound.
