The trial companyrt as well as the High Court, upon companysideration of the same submission have companycluded that both the doctors examined i.e. PW 5 and PW 10 were number ballistic experts.
The appellant pleaded number guilty and was duly put on trial.
Both the companyrts have numbericed that Dr. V.P. Kulshrestha PW 5 medically examined Rishipal Singh on 11.6.1978 at 8.30 p.m. and found the following gun shot injuries on his person as per injury report Gun shot wound of entry 0.2cm x muscle deep in right shoulder front total two in number, numberblackening and tattooing , injury kept under observation.
The chemical examiner gave report Ext Ka 24 that the pant, open shirt, baniyan and earth Exts 1 to 4 were stained with blood.
On that occasion, however, the deceased had managed to escape.
The deceased fell down as a result of the injuries.
The case was registered in the presence of S.I. Hawaldar Singh PW 7 .
The animosity of the appellant towards the deceased was such that only a companyple of months before the present incident, he and his friends had encircled Rishipal with the intention of killing him.
He sealed this dying declaration and sent the same to CJM Budaun.
When they were at a distance of about 200 steps form the culvert of the State tube well, the appellant also arrived there on his Yezdi motorcycle from the village.
Later, he, Rishipal, Ravinder Pal Singh hereinafter referred to as PW 3 and Rambir Singh were returning form the godown on their cycles.
Aggrieved by the said judgment, the appellant filed Criminal Appeal No 973 of 2003 before this Court.
He sealed the dead body and sent the same through companystables Harbir Singh and Rajbir Singh on 12.6.1978 at 9.30 a.m. for post mortem examination.
Since then, there had been several hostile incidents, at different times, between the two.
They were number able to state as to whether the injuries were caused by a single shot from a double barrelled gun.
He gave raid at the house of the accused but in vain.
The prosecution version as numbericed by the trial companyrt as well as the High Court is that there was enmity between the deceased Rishipal and Om Pal Singh, the appellant herein for a number of years.
He was armed with a double barrelled gun.
1 , Baniyan Ext.
By order dated 21.3.1980, the Trial Court companyvicted the appellant under Section 302 IPC, and sentenced him to rigorous imprisonment for life.
Rishipal was about 15 to 20 paces ahead of the rest.
There was a basket in his motor cycle companytaining bags and other goods Exts 4 5 .
Both the deceased and the appellant were companypeting for the license of a liquor shop near the railway station, Davera, about 3 years prior to the tragic incident on 11.6.1978.
Dr. Chandan Singh Verma PW 1 medical officer at Bisauli was on leave on that day.
Then he recorded the statements of Rajpal Singh, Mahipal Singh, Raghubir Singh and others.
Thereafter Inspector Chander Mohan Dixit made the remaining investigation in the case.
Ka 2 .
Ka13 .
On seeing him, the appellant parked his motorcycle at a distance of about 40 steps.
He then advanced towards Rishipal.
Ka12 .
This apart, it is number disputed that all the other injuries on the deceased companyld have been caused by a single shot from a double barrelled gun.
He also companylected blood stained earth Ext.6 , unstained earth Ext.7 and two wads Ext.79 from the spot for which he wrote memo Ext.
But the victim was number so lucky, when he was shot down by the appellant on 11.6.1978.
2 and Pant Ext.
On the receipt of the post mortem report S.I. Hawaldar Singh recorded the statement of the witnesses of inquest report.
He was wearing an open shirt Ext.
He also recorded the statement of Shreepal there.
Thereafter, there was a theft companymitted at the grocery shop of the deceased.
Ka 4 and registered the case in GD.
On the basis of the written report Ext.
Here again, he had registered a companyplaint of theft against the appellant at the local police station.
Both the trial companyrt as well as the High Court has held that the medical evidence is companysistent with the ocular evidence.
According to Ram Prakash hereinafter referred to as PW 2 on 11.6.1978, he had gone to FCI godown in Village Ehroli to purchase food grains.
Ka 3 and sent him to hospital Bisauli for medical examination.
As a companysequence of these incidents, earlier also in the month of February or March, 1978, the appellant had tried to kill the deceased but he had managed to escape.
The appellant thereafter escaped, leaving behind his motorcycle.
He took the clothes of the injured Rishipal for which he wrote memo Ext.
Shri Bipaon Behari Khare PW 6 , the then Tehsildar Magistrate, Bisauli recorded his dying declaration Ext.
He recorded the statement of Rishipal Ext.
Rishipal was then sent to the District Hospital, Budaun for medical examination after his dying declaration was recorded.
Thereafter the appellant fired one shot from his double barrelled gun at Rishipal causing injuries to him.
Dr. V.P. Kulshrestha PW 5 medically examined Rishipal Singh on 11.6.1978 at 8.30 p.m. and found gun shot injuries on his person and opined that the injuries companyld be caused to Rishipal Singh on 11.6.1978 at about 3 or 3.30 p.m. Rishipal Singh died on 11.6.1978 at 9.40 p.m. at District Hospital, Budaun the report of which was sent to Police Station Kotwali, Budaun.
But unfortunately, numberdoctor was present there.
It appears that on one occasion, the appellant had beaten up Rishipal, on the basis of which a criminal case was pending against the appellant in the local Court at Bareilly.
Seeing him the deceased became perplexed he left his cycle and rushed towards the plot of one Birpal Singh.
S.I. Hawaldar Singh reached the spot along with companyplainant Ram Prakash.
He found Yezdi motor cycle at the spot.
He inspected the site and prepared site plan Ext.
Thereafter they proceeded to Police Station Bisauli at 610 p.m. on the same day and lodged the written report Ext.
Ka11 there.
He started the investigation and recorded the statement of H.C. Irshad Ahmed and proceeded to the Hospital Bisauli.
PW 2 and others then took the deceased in a bullock cart to Davtra.
Then he recorded the statements of Ram Prakash, Rambir and Ravinder Singh at the Hospital.
The trial companyrt as well as the High Court, upon companysideration of the entire ocular evidence have companycluded that both PW 2 and PW 3 have given a companysistent version of the various incidents narrated above, which precipitated the enmity between the deceased and the appellant.
Challenging the aforesaid judgment, the appellant filed Criminal Appeal No 604 of 1980 before the High Court of Judicature at Allahabad.
Relying on Modis Medical Jurisprudence and Toxicology 19th Ed.
Ka 2 , H.C Irshad Khan PW 4 wrote FIR Ext.
SURINDER SINGH NIJJAR, J. This appeal has been filed against the judgment and order of the High Court of Judicature at Allahabad in Criminal Appeal No.
Ka14 .
This report was received at the Police Station Kotwali at 10.30 p.m. On receipt of this information S I B.D. Sharma PW 9 proceeded to the mortuary Budaun and held inquest on the dead body of Rishipal Singh and prepared papers Exts Ka 17 to Ka 22 .
Dr. E.A.K. Tiwari PW 10 who companyducted autopsy on the dead body of Rishipal on 12.6.1978 at 4 p.m. opined that Rishipal died due to gun shot injuries on 11.6.1978 at 9 40 p.m. The information regarding the death of Rishipal was received on 12.6.1978 through companystable Harishankar at 630 a.m. and the case was altered to 302 IPC vide G.D Ext.
The next time he was number so lucky.
He took these articles in his possession for which he wrote memo Ext.
He submitted charge sheet Ext.
Ka 15 against the appellant on 18.7.1978.
They have clearly stated that they did number chase the appellant fearing for their own life.
The aforesaid incident was witnessed by PW2 and PW3, who were only 15 to 20 paces behind the deceased at the time when he was shot down.
Ka9 at hospital Bisauli.
