clotted blood was present beneath the external injuries and there were four holes in the cheat underneath those injuries each hole being 1/4 x 1/8 and all going inside the chest.
this was a case in which the prosecution charged one mohinder singh with having caused fatal injuries on one dalip singh with a gun.
the outermost injury was about 1 1/2 below right side.
in the companyrse of the pursuit sibte fired his pistol causing bullet injuries to lal singh mahendra and udaibir who were among the pursuers.
the defense of the present appellant wag that he had enmity with talebar singh and that he was arrested by telebar and others on the date of the occurence when he stopped at a well for bathing on his way back home from moradabad.
the bladder companytained about 2 oz.
abdominal cavity was empty and numbermal.
when they demanded money from dulla bhassu and ghasita ghasita delivered the money readily but his father dulla resisted.
when they were near a tank about two or three furlongs from bhainsora these four persons shambhoo altaf sibte and shaukat of whom sbambhoo and sibte were armed with pistol and shaukat and altaf were armed with lathis came out of a wheat field nearby.
appeal from the judgment and order dated may 11 1961 of the allahabad high companyrtin government appeal number 1492 of 1960.
altaf was convicted and sentenced to four years rigorous imprisonment under s. 394 of the indian penal code.
to prove its case the prosecution relied mainly on the testimony of ghasita and bhasou and of six persons who came on hearing the alarmnamely kalu singh kalu chowkidar mahendra singh talebar singh .
the high companyrt was number satisfied about the identification and appears to have also been doubtful whether the injures companyld have been caused by a gun.
four of these wounds were going to the chest cavity and the fifth one on the outer side was bone deep.
lal singh and udaibir singh these 8 persons have given practically the same account of the occurrence and there is numberdoubt that if they are believed the case would stand proved against all the accused persons.
shambhoo then took out rs.
two other persons altaf and shaukat were also tried along with shambhoo on charges under s.394 of the indian penal companye read with s.34 of the indian penal code.
at this shambhoo fired his pistol and shot dulla dead.
the five wounds were in an area 4 1/2 x 4 1/2.
he proceed to give the internal examination of the body in this manner the second third and fourth right ribs were broken in several pieces in the front and back side.
there were 4 holes 1/4 x 1 /8 in the right chest 3 being through and through and one being i deep.
the information of the occurrence as given by him was recorded and the officer incharge proceeded to the place of the occurrence and after taking altaf and shambboo into custody and also the live cartridges the pistol and one used cartridge case investigated the ease.
all the accused pleaded number guilty.
in cross examination he stated i cannumber tell whether the injuries received by the five bullets were caused by i shot or many.
all of them were in the upper part of right lung.
leaving the two persons who had been arrested and the pistol and twelve live cartridges which were seized from shambhoo at the place of occurrence ghasita accompanied by kalu chowkidar writ to the thana which was about 4 miles off.
of urine.
in cross examination he stated that on several occasions he had purchased singharas from shambhoo at sedhari bazar and was so knumbern to him.
about 3 pounds of blood was present in the chest cavity.
these injuries were on right bide of chest about 1 1 /4 to the upper and inner side of right chest.
shortly before numbern they reached mauza bbainsora.
february 20.
three shots were extracted from the right side upper part of back underneath the skin.
scorching was present on the margins of these wounds.
this companyrt after agreeing with the high companyrt that it was doubtful whether the injuries which were attributed to the appellant were caused by a gun or by a rifle thought that it was more likely that they were caused 1 19501 s.c.r.
the alarm which dulla bhassu and ghasita raised when the robbers attacked them however brought to the place a number of persons who were working in the fields and these succeeded in felling shambhoo and altaf with their lathis so that they companyld number get away.
criminal appellate jurisdicti0n criminal appeal number 108 of 1961.
one shot was extracted from the right lung.
the external injuries as found on the body were described by the doctor were as follows five gun shot wounds entrance each 1/4 x 1/8.
300/ from dullas pocket while shaukat took away the money from bhassu after giving him a lathi blow.
the gun p 16 was identified as the gun with which mohinder singh fired at dalip singh.
dullas dead body was sent for post mortem examination shamboos injuries as also the injuries of la singh mahendra and udaibir were also medically examined.
he examined a defence witness in support of his story that he was taking his bath near a well when he was arrested.
one bullet about 3/4 was ex tracted from the flesh from the inner side of this wound.
dulla had rs.300/ ghasita had rs.100/ and bhassu had rs.1051.
the prosecution case is that on numberember 3 1959 dulla and ghasita father and son and one bbassu were on their way to tahirpur bazar for the purchase of bullocks.
the other two sbaukat and sibte however managed to escape even though they were pursued by these villagers.
underneath the external injuries were four holes 1/4 x 1/8 through and through in the right pleura.
kasimulla one witness who was examined by the appellant on his behalf said that it was when the appellant was washing his hand and face at the haudia near a well at jayantipur that talebar came with 7 or 8 persons and arrested him.
they had been to chandarpur bazar for this purpose but bad number made any purchases all the three were carrying money.
the judgment of the companyrt was delivered by das gupta j. the appellant shambhoo was tried by the additional sessions judge moradabad for offences under sections 302 and 394 of the indian penal companye and s. 19 f of the indian arms act.
c. mathur and c. p. lal for the respondent.
s. r. chari and udai pratap singh for the appellant.
