The Investigating Officer after visiting this scene spot examined the witnesses.
Raj Narain died on 29.8.1972 at about 9.50 P.M. The Investigating Officer held the inquest over the dead body.
Then Raj Narain was removed to the District Hospital where he was medically examined by about 10.00 P.M. The Medical Officer found on his person a lacerated wound above the left ear and a gun shot wound on the side of his back with blackening around the wound.
On account of the murder of Suresh there was bitter animosity between the appellants 1, 2 and the deceased.
The second appellant caught hold of the deceased and the first appellant gave a blow to the deceased by the butt of his gun.
Ka 12, which statement was similar to that of Exh.
The injured was brought to the house of one Radha Krishna.
The deceased in this case Raj Narain was implicated in the case and ho surrendered before the companyrt on 28th June 1972.
Since then he left his original house on account of fear and was residing in Kanhaipurwa along with one Shambhu Dayal, but occasionally visited his old house.
One month previous to this occurrence, the deceased had been granted bail and released from jail.
P.C. that since he was an injured witness in the murder case of Suresh, he is falsely implicated in the case.
After companypleting the investigation the challan was filed.
Vinod Kumar the second appellant is the son of the first appellant and both of them were residing at Mohalla Unchathak which adjoins the village where Raj Narain along with his family members initially used to reside.
The third appellant stated that since he happens to be the companysin of the first appellant he has been falsely implicated.
On 27th August, 1972 at about 8.30 P.M. while the deceased was proceeding to his house, the three appellants surrounded him.
The Sub Inspector took up the investigation and interrogated the injured Raj Narain and recorded his statement as Exh.
Vinod Kumar stated in his recorded statement under Section 313 Cr.
Vimla took the injured to the police station, Kotwali, where the injured Raj Narain lodged a report at about 9.05 P.M. On the basis of the report a case was registered.
61/74 dismissing the appeal and companyfirming the judgment of the Trial Court.
During the companyrse of the hearing of the appeal, it was brought to our numberice that the third appellant had died.
On seeing the witnesses approaching the scene, all the appellants took to their heels.
The defence of these appellants was of a companyplete denial.
The facts of the case briefly stated are as follows.
Ka 5 is the First Information Report.
Ram Beti and Smt.
On 25th June 1972 the brother of Shyam Sunder first appellant , by name, Suresh was murdered.
Dr. S.C. Raj companyducted autopsy over the dead body.
Ratnavel Pandian J. The three appellants in this appeal are challenging the companyrectness of the judgment of the High Court of Allahabad Lucknow Bench rendered in Criminal Appeal No.
Since the companydition of th injured was dangerous, a dying declaration was recorded by the First Class Magistrate on a requisition from the Medical Officer, at about 10.55 P.M. The dying declaration is marked as Exh.
The High Court on appeal companyfirmed the judgment of the Trial Court.
Hence this present appeal.
Thereafter the third appellant fired a shot with his pistol from behind the deceased and caused an injury, to which injury he succumbed later on.
