JUDGEMENT
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(1.)This appeal by special leave is directed against an order of acquittal passed by the Punjab and Haryana High Court at Chandigarh, reversing the order of conviction and sentence of life imprisonment passed by the learned Sessions Judge under S. 302, IPC and Section 27 of the Arms Act.
(2.)The occurrence dated back to 16th July, 1983 at about 12.00 noon in a village called Alipur Barota. 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 objcted to and the local Sarpanch was also informed accordingly. At a meeting, called by the Sarpanch, it was decided that the matter ought to be resolved amicably and by reason therefor the Panchayat consisting of Kurra Ram (PW 2), Leela (PW 1), Ram Kumar Panch and Bhim Sen (PW 4) along with deceased Maman Ram and a few other persons proceeded towards the field of the accused. The Maman Ram, the deceased was few paces ahead of the other members. 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". The accused thereafter fired a short from his gun, striking on the chest of the deceased Maman Ram. 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. PA before the trial Court. Upon compliance with the formalities, Sub-Inspector Devi Dutt along with Leela Ram went to the place of occurrence and prepared the inquest report (Ex. PG) and despatched the dead body to Civil Hospital, Fatehbad for post-mortem examination Blood-stained earth and two empty cartridges were also taken into custody. All these recoveries were effected in the pre-sence of Kurra Ram and Bhim Sen.
(3.)The post-mortem examination on the body of Maman Ram was conducted by Dr. A. S. Chaudhry (PW 3) at Fatehabad on 16th July, 1983 at 6.00 p.m. and he had found the following ante-mortem injuries on the body :
1. "There was a lacerated wound 11/2" diametre with inverted margins showing blackening at edges, situated at front of lower and of sternum over ziphisternum. 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 21/2" x 21/2" shown in the diagram."
2. A lacerated wound with inverted margins measuring 6 x 2" on the medial and upper and of left upper arm. On dissection, there were laceration of muscles, vessel, nerves and humerus bone was badly, fractured in pieces. The wound passed on lateral side of upper left arm, with averted margins, resulting in injury No. 4 measuring 7" x 21/2". There was skin tag hanging between injuries Nos. 3 and 4 in front, there were corresponding holes in the left sleeve of the shirt.
3. There were four bulges and four lacerated wounds situated on the back between and of scapula in midline in an area of about 6" in diametre. Wounds were of averted margins of size about 1/2" x 1/2 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. On further exploration of ribs Nos. 3, 4, 5 and 6 at their junction with the vertebrae were fractured in pieces on left side. There were holes in the body of the vertebrae Nos. 2, 5 and 6 on left side with fracture of transverse pro-cesses and laceration of the spinal cord corresponding to the hole in the vertebrae. There were corresponding holes in the shirt on the back side.
Stomach contained semi-digested food material. Semen discharged at urithral end".