lateral middle line on front aspect.
Hearing the gun shot, some people quickly assembled at the scene.
The exit wound was on the right side back of neck 5 cm.
The accused sustained pharsa and lathi blows on the butt and barrel of the gun.
Merging of the wound inverted.
According to the statement of the accused under section 313 of the Code of Criminal Procedure, he went to the place of Kanchan Singh where Gur Jaggery was being distributed.
The accused testified in favour of his great grand daughter, Ram Devi.
Ka 4 on the same day, informing the case of Medico legal nature to the Barhan Police Station.
This testimony went against the deceased, creating enmity between the parties.
The deceased carried a pharsa, Nathi Lal had a katta, Brij Raj Singh a knife and Yad Ram and Bishambhar possessed lathis.
In his opinion, the injuries companyld have been caused around 4 p.m. The doctor sent the memo Ex.
51/79 of deceased Ghurey Lal and injury report of Brijraj Singh dated 14.3.79, statement of doctor and witnesses and site plan and keeping the result of above experiments in mind, I reached in companyclusion that injury No.
The deceased and others then arrived at his home, brandishing weapons.
365 of 1981.
below the right ear.
The deceased and others struck at the accused, hitting his gun.
The prosecution examined Shiv Charan P.W.1, Brij Raj Singh P.W.2 and Yad Ram P.W.4 as eye witnesses of the occurrence.
On their way home, they happened to pass by the home of the accused.
below the right ear.
The Doctor opined that the injuries were caused by a firearm.
The accused provided his own version of the event.
Thereafter, the accused fired one single shot from his gun, killing the deceased with a bullet and causing injuries to Brij Raj Singh P.W. 2 with pellets.
The Doctor opined that the cause of death was due to shock and hemorrhage as a result of ante mortem injury.
Brij Raj Singh P.W. 2 was sent to the Government Hospital, Barhan for medical examination.
Bleeding present.
On hearing this, the accused returned to his home and grabbed his gun.
Dr. Govind Prasad W.3 found the following injuries on the person of Brij Raj Singh, P.W. 2 Round lacerated wound 0.3 cm x 0.3 cm on right side back 10 cms away from mid line 9 cms below border of scapula.
This means that the bullet had entered from the front side of the neck from a distance of 2 cm.
Dr. Ram Kumar Gupta P.W. 5, who had companyducted autopsy on the dead body of the deceased, was also examined.
1 and 2 of injured Brij Raj Singh seems to sustain by some other shot.
Margins burnt and inverted, and tattooing present in an area of 5 cms.
The accused began to verbally abuse the deceased.
The barrel and the butt were number horizontal to the ground at that time.
Skin burnt and tattooing present in the area of 5 cm x 5 cms.
Fearing for his life, the accused went to his room and locked the door from inside.
Nathi Lal fired his katta, causing pellet injuries to Brij Raj Singh P.W.2.
Gun shot wound of exit 5 cm x 4 cm x through and through on right side back of neck 5 cm below right ear companyresponding to injury number 1 with margins averted.
To threaten and check them, the accused aimed his gun at them.
It revealed the following ante mortem injuries on the deceased Gun shot wound of entry 2.5 cm x 2.5 cm x through and through on right side neck 2 cm lateral to midline of neck front aspect.
Leading experts of forensic science, particularly ballistic experts, do number indicate that from a single cartridge both bullets and pellets can be fired.
While B. Rai, Ballistic Expert, C.W.1 had given the said opinion, he had also stated in his cross examination by the prosecution that if the assailant fired from place C and the person receiving pellet injury standing at place B would have turned around, on dispersal of pellets he companyld have received the pellet injuries if deceased and injured both would have stood in the same line of firing.
The uncle of the deceased, Shiv Charan, lodged the FIR that very evening, the 14th March, 1979 at 6.15 p.m., at the Barhan Police Station in the District of Agra.
1 and 2 of the deceased were possible by the gun Ex.3 of the accused and injuries Nos.1 and 2 of the injured Brij Raj Singh were possible by another fire.
He advised that x rays be taken and that the injuries be kept in observation.
One Bal Mukand told the accused to leave the Gur distribution ceremony, as the deceased, Brij Raj Singh P.W. 2, Yad Ram P.W.4, Nathi Lal and Bishambhar had companylected pharsa, lathis and kattas declaring that they will deal with him accused when he companyes there.
This was to numberavail.
The autopsy on the deceased was companyducted by Dr. Ram Kumar Gupta, P.W.5, Medical Officer, SNM Hospital, Firozabad, District Agra.
Therefore, the trial companyrt companycluded that both the injuries were number possible by a single firearm.
In the scuffle, the gun was accidentally fired, killing the deceased.
Ka 7 and the statement of Dr. Ram Kumar Gupta P.W.5 indicate that the wound of entry was on the right side of the neck 2 cm.
Dr. Govind Prasad P.W.3, Medical Officer In charge, who had medically examined Brij Raj Singh, proved the injury report Ext.
The accused was standing just outside his home and was holding a shot gun.
In his opinion, the injuries were caused by a gun shot and were of fresh duration.
A scuffle ensued in which the deceaseds group tried to snatch away his gun.
On 14.3.1979, the deceased, Shiv Charan P.W.1, Brij Raj Singh P.W.2, Yad Ram P.W.4, Nathi Lal number examined and Bishambhar number examined had taken the customary Gur Jaggery during the Holi festival.
In doing so, the appellate companyrt failed to give proper weight to the views of the trial companyrt as to credibility of witnesses, thereby ignoring the standards by which the appellate companyrts companysider appeals against acquittals.
The accused fled to his room, which he locked from inside.
1 and 2 possible to sustain to deceased Ghurey Lal by this gun from the distance of 10 feet and injury No.
The learned trial judge had numbered the evidence of B. Rai, Ballistic Expert, C.W.1 that both the injuries would have been caused by two shots.
No pellets palpable.
Dalveer Bhandari, J. This appeal is directed against the judgment of the High Court of Allahabad dated 11th November, 2005 passed in Criminal Appeal No.
lateral to middle line, and it had companye out from the back of the neck at a place 5 cm.
The mouth of the barrel was upward and its butt downward.
In this way, the trial companyrt reasoned that the barrel of the gun, when discharging, was slanting vertical.
Lacerated wound of exit 1.5 cm x 0.5 cm on right side back 0.8 cm away and lateral from injury number 1.
