After inquest by the police, post mortem was companyducted by Dr. J.N. Bajpai PW 4 at District Hospital Unnao on 19.02.1981 at 3.30 p.m. PW 4 Dr. Bajpai numbered a gunshot would of entry x on the back and inner part of left thigh and six gunshot wounds of exit each 1/3 x 1/3 in size in front and middle left thigh.
Briefly stated case of the prosecution is as under Deceased Chhedi Lal was running a barber shop in Kurari Khurd Market.
The incriminating evidence and circumstances were put to the appellant under Section 313 Cr.
SI Ravinder Prasad Yadav PW 6 recorded the statement of Chhedi Lal who was lying injured on the kharkhara outside the Police Station and the deceased was sent to Achal Ganj Hospital from where he was referred to District Hospital Unnao but the deceased died on the way to the hospital.
The incident was witnessed by Janoo PW2, Udan PW3 and Muneshwar.
At around 5.00 p.m., deceased Chhedi Lal closed the shop and went back home.
The deceased fled towards the west to save himself and appellant fired from his pistol which hit the deceased on his left thigh and he had fallen down.
Later at 6.00 p.m., the deceased went towards the canal lying in the western side of the village abadi to answer the natures call.
Dr. J. N. Bajpai PW 4 opined that the death was due to shock and hemorrhage due to injuries of firearm.
Thereafter, deceased was taken to Police Station Achal Ganj, where FIR Ex.
The appellant felt insulted and left the barber shop threatening the deceased.
After companymittal of the case to the Sessions Court, charge was framed against the appellant under Section 302 IPC.
When the deceased reached near the eastern mend of the grove of Ishwari, the appellant emerged from the numberthern side carrying a pistol in his hand and threatened the deceased as he had insulted the appellant in the market and that he would number spare him alive.
On 18.02.1981, the appellant visited the shop of Chhedi Lal and asked for a haircut.
Ka 1 bearing Crime No.37/81 dated 18.02.1981 was registered against the appellant under Section 307 IPC.
On the alarm raised by the deceased and the witnesses, the appellant fled away from the scene.
An altercation took place between the two when appellant insisted the deceased for haircut claiming preference over other customers but the deceased Chhedi Lal declined his demand.
This appeal arises out of the judgment dated 16.05.2013 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No.775 of 1981, whereby the High Court affirmed the companyviction of the appellant accused under Section 302 IPC and also sentence of imprisonment for life imposed on him.
BANUMATHI, J. Leave granted.
Also father of the deceased namely Kishore PW1 and his son Ram Pal saw the incident when they were returning from their field.
The deceased was taken on a company to his house and on the narration of incident by Kishore the father of the deceased, the companyplaint was written by Shiv Pujan Singh.
To bring home the guilt of the accused appellant, prosecution has examined in all eight witnesses and exhibited the material object on record.
P.C. and the accused denied all of them and pleaded that he was falsely implicated.
Upon companysideration of the evidence, the Sessions Judge, Unnao found the appellant guilty of the offence under Section 302 IPC and sentenced him to undergo imprisonment for life.
Being aggrieved, the appellant preferred appeal before the High Court which was dismissed by the impugned judgment.
After companypletion of investigation, chargesheet was filed against the appellant under Section 302 IPC.
