An irregular verticle lacerated wound on the posterior surface of the right leg in the middle in 3rd running through and through the leg, measuring 7 x 4, all deeper muscles, facia, blood vessels, nerves were torn.
A verticle lacerated wound on the medial surface of the right leg at the junction of upper 1/3rd and lower 2/3rd measuring 2 x 1 bone deep.
A verticle abrasion on the left side of the fore head just above the left eye brow, measuring 3/4 x 1/4 which was bluish black in companyour.
A verticle lacerated wound on the outer surface of the right leg in the middle l/3rd measuring 5 x 11 muscle deep.
An oblique abrasion on the right maxillary region of the face measuring 1 x f which was light blue in companyour.
Injuries Nos.
Though Kaptan Singh was shot five times only one bullet hit him.
There was an abraded area around the wound and up to 1 above the wound which was black in companyour.
A circular abrasion 1 above the outer and of the left eye brown measuring 1/4 x 1/4 which was black in companyour.
The learned Sessions Judge at Rohtak companyvicted the appellant for an offence under Section 302 of the Indian Penal Code in companynection with the on the spot death of Constable Kaptan Singh on September 23,1979 at about 8.30 P.M. by gun shot injuries inflicted by the appellant.
2, 3, 4 and 5 .
The following facts have been established by overwhelming evidence and are incapable of being disputed The appellant was armed with a 303 rifle in his capacity as a Constable of the Haryana Police Force When the victim of the assault, Kaptan Singh, who was also a member of Police Force, came out from his office at the Police Post at about 8 P.M., the appellant fired at him with his rifle He fired several shots at Kaptan Singh who was trying to run away towards his office in order to save his life One shot hit him just beneath the knee of his right leg and Kaptan Singh companylapsed on the floor inside the office Even after Kaptan Singh companylapsed in the office the appellant fired another shot at him though the shot did number hit him The total number of used cartridges which were recovered from the scene of offence were five The Balastic Expert has Expressed his opinion that all the five cartridges were fired from the rifle which was seized from the appellant Evidence revealed that the victim had sustained ten injuries which have been described by the Medical Officer as under An oval lacerated wound with inverted margins running obliquely in its width through and through the tissues of the right leg on the medial surface of the right leg 2 below the right knee joint, measuring 1 1/4 x 3/4.
There was companymitted fracture of the right fibula at the middle of the shaft.
By his judgment and order dated June 14, 1980 the learned Sessions Judge companyvicted the appellant and sentenced him to suffer imprisonment for life.
A through and through verticle lacerated wound on the medial surface of the right leg in the middle l/3rd measuring 5 1/2 x 2.
1 as many as five shots were fired from his 303 rifle and 2 that he fired a shot even after Kaptan Singh had companylapsed on the ground having been hit by one of the shots.
This Court granted special leave companyfined to the question of nature of offence and sentence by an order passed on January 18, 1982.
In the back ground of these facts it has been companytended that the intention to cause the death of Kaptan Singh cannot be attributed to the appellant particularly in view of the fact that the bullet hit him just below the knee of his right leg.
1, 2 and 3 were sufficient in the ordinary companyrse of nature to cause his death, in the opinion of the doctor.
Thakkar, J. Whether the offence companymitted by the appellant, a Constable of Haryana Police Force who fired his rifle at another Constable, Kaptan Singh of the same Force, as a result of which Kaptan Singh succumbed to the injuries sustained by him on the spot would fall under Section 302 of the Indian Penal Code or would companystitute a lesser offence is the limited question which is posed in this appeal by special leave.
