As per the autopsy companyducted by Dr. S.P. Singh P.W.7 on 25.3.1994, the ante mortem injuries were mainly deep bedsores on various parts of the body and one old healed scar, size 1.2 cm x .5 cut, on the left face at the chin 2.5 cm.
Doubting the presence of P.W.1 Sri Krishna Sharma and P.W.2 Ravindra Sharma at the spot and inter alia, observing that from the report of the Ballistic Expert it companyld number be established that the lead from part of the bullet recovered from the spot pertained to a shot fired from revolver recovered from the house of the accused Vineet Kumar and that deceased had actually died of septicemia and toxemia owing to bedsores, as she was number properly advised and attended to while she was admitted in hospital and death was attributable to the negligence and bedsore, the Trial Court directed their acquittal.
below and outer to left angle of mouth.
The appellant went to his house, brought out the licensed revolver of his father and opened indiscriminate firing towards companyplainants house from the door of his house.
On x ray being taken, a radio opaque shadow elongated was found in thoracic spine in dorsal region over T 5 6.
He has been sentenced to suffer imprisonment for life.
x .5 cm x number probed on face, left side over left mandible, 3 cm.
away from medium plank thoracic spine.
Not being interested in the cable companynection, they declined the request of the appellant whereupon an altercation took place between the appellant and P.W.2.
However, on 21.10.1993, she was again admitted in Moradabad Hospital, where she developed bedsores.
above left elbow.
The following injuries were found on her person Lacerated wound 1.5 cm.
Both the injuries were found to be fresh.
However, charges were framed against them under Sections 302 and 307 IPC.
Premwati ultimately died on 25.3.1994.
Injury No.2 was caused by a blunt object.
By the impugned judgment, the appeal filed by the State of Uttar Pradesh has been allowed and the appellant Vineet Kumar Chauhan has been companyvicted under Section 302 of the Indian Penal Code, IPC for short for causing the murder of Smt.
On 15.10.1993, she was taken to Delhi for treatment.
Premwati.
Sri Krishna Sharma brought his injured wife to the hospital for treatment and thereafter lodged the F.I.R. The victim was examined by Dr. Jagmal Singh, W.4.
Advised x ray of left side fact and left side neck.
The companyplainant and his wife intervened and asked the appellant to leave their house.
Injury No.1 was alleged to have been caused by firearm but final opinion was reserved to be given after the x ray.
After investigations, charge sheet under Sections 452 and 307 was filed against the appellant and his father.
Some bullets hit the door of the house of Sri Krishna Sharma and while his wife, the victim, was closing the door, one of the bullets hit her in the jaw.
In support of the case, the prosecution examined seven witnesses, including Sri Krishna Sharma P.W.1 and Ravindra Sharma P.W.2 , who claimed to be the eye witnesses.
The genesis of the prosecution case, in brief, was that on 13.10.1993 at about 11.50 a.m., one Sri Krishna Sharma P.W.1 , husband of the deceased, lodged an I.R. with the police station Majhola, District Moradabad to the effect that on that day, at about 9.45 a.m., when he alongwith his wife and children was watching television, the appellant who was living opposite their house and was a cable operator along with his servant Dharamveer, came to their house and tried to persuade his son Ravindra Sharma P.W.2 to take a cable companynection from them.
The victim remained under treatment and supervision of Dr. D.S. Ahlawat P.W.5 .
As per testimony of P.W.5, the deceased had suffered paralysis in both her legs due to bullet injury sustained in the spinal companyd.
Lacerated wound .5 cm x .5 cm x skin on left arm outer part, 4 cm.
415 of 2000.
K. JAIN, J. This appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 has been preferred against the judgment of the High Court of Judicature at Allahabad in Government Appeal No.
The cause of death was opined to be septicemia and toxemia due to bedsores.
On internal examination, the doctor recovered a metallic bullet from her spinal companyd, which had caused extensive damage in thoracic spine and paralysis in half of the body.
The Trial Court found the evidence to be insufficient to warrant companyviction of both the accused.
