Onkar Nath Singh fell on the ground after running few paces.
First information statement was given by PW I at about 7.15 P.M. on the same day and PW 8 recorded the same and started investigation of the case.
2003 Supp 4 SCR 1139 The Order of the Court was delivered Leave granted in SLP CRL No.
The incident occurred on 6.12.1974 at 4.30 p.m. There was property dispute between Onkar Nath Singh on the one hand and the accused persons.
PW 1 Bikram Shah Singh and PW 4 Jagdish Baksh Singh snatched the gun from Bhanu Pratap Singh.
The accused persons raised objections to the ploughing of the field by Jagdish Baksh Singh.
It seems that there was wordy altercation.
All these are number satisfactorily explained by the prosecution.
Accused Bhanu Pratap Singh, who was armed with a gun, fired a shot and hit on the chest of Onkar Nath Singh.
Onkar Nath Singh died on the spot.
tissue deep on right side back lower part with direction forward and upward.
x 1 cm.
Doctor opined death was due to shock and haemorrhage.
PW 3 Dr. V.N. Agarwal examined the dead body of Onkar Nath Singh and prepared Ext.
He was examined by Dr. PW 1 A.P. Mahanti.
In both these appeals the acquittal of four accused persons is challenged.
One gun shot wound of entry 6 cm.
Moreover, according to prosecution there were two gun shot injuries at the instance of the Bhanu Pratap Singh and both of them hit on the deceased whereas the injuries on the body or the deceased companyld only show that Onkar Nath Singh received only one gun shot.
1787/1996 has been preferred by the State of U.P. against the judgment of the High Court of Judicature of Allahabad at Lucknow in Criminal Appeal No.
457 of 1979.
Criminal Appeal No.
Accused were tried by the 5th Additional Sessions Judge, Barabanki alleging that they caused the death of Onkar Nath Singh.
The prosecution companyld number give any rationale explanation as to how the accused Bhanu Pratap Singh sustained these injuries.
1064/1996.
Against the very same judgment one private party has also filed a Criminal Appeal by way of Special leave.
Onkar Nath Singh tried to run away from the place, then he was shot again.
There were two injuries on the body of deceased Onkar Nath Singh.
x 4 cm.
On the date of the incident, PW 4 Jagdish Baksh Singh was ploughing his field with a tractor.
One injury was incised wound on the top of the head in intra parital region scalp deep and there were other lacerated injuries.
The Sessions Judge found all the four accused persons guilty of murder.
tissue deep on front of left side chest upper part and other exit injury of 1 cm.
