3 and 4 in front, there were companyresponding holes in the left sleeve of the shirt.
There was skin tag hanging between injuries number.
The injury was on the medial and upper end of left upper arm and its exit was on the lateral side.
Wounds were of averted margins of size about x in oval shape, on dissection of the bulges, four pellets and 3 pieces of card board with marking Tiger were recovered and sealed in a bottle.
According to Leela Ram, it has hit on the left shoulder and Kurra Rams position was that it had hit the left upper arm, near the arm pit.
The occurrence dates back to 16th July, 1983 at about 12.00 numbern in a village called Alipur Barota.
Without much of a factual detail, be it numbered that on 18th July, 1983, the accused was arrested and from his possession one DBBL gun along with 3 live cartridges of 12 bore and a licence in his name were recovered.
There were four bulges and four lacerated wounds situated on the back between and of scapula in mid line in an area of about 6in diametre.
Semen discharged at urithral end.
There were companyresponding holes in the shirt on the back side.
The injury had been described by the doctor as injury No.
2, 5 and 6 left side with fracture of traneverse processes and laceration of the spinal companyd companyresponding to the hole in the verterbrae.
The second gun shot fired by the accused struck my father on his chest.
When the second shot was fired then I ran backward by two paces.
The empty cartridges were found and the ballistic experts report that the cartridges match with the injury.
The doctor has been subjected to cross examination and he at the end of it all said that It can be said that the injuries on the person of the deceased were the result of one shot.
1999 Supp 3 SCR 435 The Judgment of the Court was delivered by BANERJEE, J. This appeal by special leave is directed against an order of acquittal passed by the Punjab Haryana High Court at Chandigarh, reversing the order of companyviction and sentence of life imprisonment passed by the learned Sessions Judge under Section 302 IPC and Section 27 of the Arms Act.
The accused thereafter fired a shot from his gun, striking on the chest of the deceased Maman Ram.
He was at a distance of a few feet from the feet my father, when he fired the second shot I remained at the place where I was when the first shot was fired.
On further exploration of ribs number.
It is the above evidence which has prompted the High Court to ask the learned Advocate appearing for the prosecution to caricature any position in which a man can strike such an injury with a .12 bore gun Where there was one shot or two shots, can it number be termed to be immaterial in the matter of assessing the culpability of the accused.
The other members of the group on hearing the gun shot, stopped there and immediately thereafter the second shot was fired by the accused and who then left the place running with his gun towards village Aharwan.
The Sarpanch arrived there a little later and he and Kurra Ram remained at the place whereas Leela Ram son of the deceased went to the Police Station, Fatehabad and gave the first information statement being recorded as Exh.
My father fell down on receipt of that shot.
The accused had fired first shot on my father from the left side hitting him on the chest on the left side.
There were holes in the body of the vertabrae number.
Blood stained earth and two empty cartridges were also taken into custody.
The prosecution case as made out, depicts that the accused wanted to dig a khal forcibly through the field of one Maman Ram, which was objected to and the local Sarpanch was also informed accordingly.
To describe in a more simple language, the wound of entry was on the inner side of the left arm.
The son who saw his father has been shot at and thereafter fell dead total stunning effect on the son and it is on this score that mere hair splitting on the available evidence ought number to be undertaken and instead the totality of the situation ought to have been reviewed.
The Maman Ram, the deceased, was few paces ahead of the other members.
The second shot was fired by the accused while standing towards the side of his feet, I cannot tell the distance between the feet of my father and the accused, where he was standing.
Stomach companytained semi digested food material.
On receiving this shot, my father fell down on the ground.
The field of Kundan Singh was having charri crop.
In the meanwhile, the Panchayat had reached the canal bridge.
In examination in chief they stated that the first gunshot had hit on the left side of the chest of Maman, but during cross examination both of them stated companysis tently that it was on the left upper arm.
3, 4, 5 and 6 at their junction with the vertabrae were fractured in pieces on left side.
He fell down with his face towards the sky.
All these recoveries were effected in the presence of Kurra Ram and Bhim Sen. The post mortem examination on the body of Maman Ram was companyducted by Dr. S. Chaudhary PW3 at Fatehabad on 16th July, 1983 at 6.00 p.m. and he had found the following ante mortem injuries on the body There was a lacerated wound 1 1/2 diametre with inverted margins showing blackening at edges, situated at front of lower and of sternum over ziphi sternum.
PA before the trial companyrt.
Injuries Nos.
After the firing of two shots, I ran towards the Panchayat.
1 and 3 are the entry wounds.
After this, myself, Kurra Ram and Ram Kumar, Member Panchayat ran back.
The empty cartridges along with the gun were sent to the Ballistic expert on 21st July, 1983 and who in numberuncertain recorded that empty cartridges has been fired from the gun belonging to the accused.
In his opinion Dr. Chaudhary recorded that the cause of death was shock and haemorrhage and the injuries were sufficient to cause death in the ordinary companyrse of nature.
The head of my father was towards the bridge.
At a meeting, called by the Sarpanch, it was decided that the matter ought to be resolved amicably and by reason therefor the Panchayat companysisting of Kurra Ram PW2 , Leela Ram PW1 , Ram Kumar Panch and Blum Sen PW4 alongwith deceased Maman Ram and a few other persons proceeded towards the field of the accused.
In this companytext the High Court observed The positive case of the prosecution as set up by Leela Ram and Ram Kumar, eye witnesses is that two shots were fired by Om Prakash, appellant at Maman deceased .
2, 4 and 5 are the exit wounds.
I had raised numberse when the two fires were shot at my father.
I told the Sarpanch that Om Prakash accused had fired at my father, who was running towards village Aharwan with his weapon.
In cross examination however, the evidence records as below I was at a distance of 5 karams when the accused fired the first shot at my father.
Again said on the left shoulder.
The prosecution examined nine witnesses in all, and in the statement under Section 313 of the Code of Criminal Procedure, the accused alleged false implication in the case at the instance of Bhim Sen Sarpanch by reason of his brother Ramji Lal having companytested an election against Bhim Sen. The reason recorded by the High Court in the support of acquittal is that the eye witnesses account regarding the number of shots fired by the appellant on the deceased stand companytradicted by medical evidence.
The High Court ascribes this to be an immaterial piece of evidence.
PG and despatched the dead body to Civil Hospital, Fatehabad for post mortem examination.
The wound passed on lateral side of upper left arm, with averted margins, resulting in injury number 4 measuring T x 2 1/2.
When I was retreating backwards, then the second shot was fired.
A lacerated wound with inverted margins measuring 6 x 2 on the medial and upper and of left upper arm.
Upon companypliance with the formalities, Sub Inspector Devi Dutt along with Leela Ram went to the place of occurrence and prepared the inquest report Ex.
Kurda also went backwards by 2/3 paces.
When however the deceased Maman Ram, was near the field of Kundan Singh, the accused came out of the field with a double barrel gun and on seeing Maman Ram, raised a Lalkara to the effect pani na dene ka maza chakhata hun.
On further exploration of wound, it led towards the left side obliquely upward and laterally, causing laceration of the heart, the left lung had passed through another wound with averted margins on lateral side of left chest wall just below left arm pit measuring 2 1/2 x 2 1/2 shown in the diagram.
The accused uttered the words Pani Na Dene Ka Maza Chakhata Hun.
They do number seem to be clear about the site of the first injury.
On dissection, there were laceration of muscles, vessel, nerves and humerus bone was badly, fractured in pieces.
