IMPORTANT POINT
The single-injury theory cannot be made applicable to a case where a deadly weapon like a fire - arm is used. Even a single injury caused by a fire - arm would only lead to the inference that death was caused intentionally.

JUDGMENT

K. Jayachandra Reddy, J. - The appellant was tried for an offence punishable under, Section 302 I.P.C. for committing the murder of one Sani alias Dal Bakdur on 2nd October, 1969 at about 7.30 P.M. in Kothi Rajni Kunj, Mauz, Ballupur, in Dehradun District by shooting the deceased with a gun. The Trial court acquired him holding that the appellant fired the shot in exercise of his right of private defence. The State preferred an appeal against the said order of acquittal. The High Court reversed the findings of the Trial Court and convicted the appellant under Section 302 I.P.C. and sentenced him to imprisonment for life. Aggrieved by the judgment of the High Court, the appellant has preferred the present appeal.

2. Learned counsel for the appellant submitted that the version given by the two eyewitnesses is discrepant and is conflicting regarding the place of occurrence and that the witnesses have not come out with the whole truth regarding the genesis of the occurrence. He further submitted that the High Court erred in reversing the order of acquittal inasmuch as the injuries found on the accused appellant would themselves go to show that the violence was used against him and the appellant only acted in exercise of his right of self defence. Lastly, he contended that only one injury was inflicted and therefore the offence will not amount to murder.

3. The prosecution case is as follows. The appellant and P.W. 2 John Deniel had their quarters in the same building known as4, Ballupur Road, Dehradun. The appellant occupied his quarter about 3-4 months before the occurrence. P.W. 2 was living in his quarter alongwith his wife P.W. 1, and his brother-in-law the deceased. P.W. 2 was employed at Dalanwala and in his absence the accused used to cut jokes with P.W. 1. On 2-101969 at about 7-30 p.m. while P.W. 1 was waiting for her husband at the gate the appellant teased her and addressed her as prostitute. After P.W. 2 her husband, her father and brother-in-law, the deceased returned, P.W. 1 complained to them. Thereupon her father, P.W. 2 and the deceased chastised the appellant and a scuffle ensued. The appellant apologised for his mistake. Then the accused went into his house and came back with a gun and shouted that he would teach a lesson to them. The deceased tried to pacify him but the appellant fired his gun. The deceased was hit on the chest and a grazing pellet caused injury to P. W. 2 below the left eye. P.W. 2 took the deceased to the Hospital in a scooter. At about 11 Oclock he died. P.W. 5 the Head Constable of the local Police Station on receiving the information went to the place of incident. He arrested the appellant from his quarter and recovered a gun. There was an empty shell of cartridge in the gun. He took the appellant as well as the recovered articles to the Police Station. P.W. 3 the Head Moharrir at the Cantonment Police Station registered the case. P.W. 14, the Medical Officer, Doon Hospital examined the injured and found one lacerated injury on the chest and an abrasion on the stomach. P.W. 7, another Head Constable on receipt of the information of the death, made an entry in the general diary and P.W. 12 the Sub-Inspector of Police reached the Hospital and held the inquest. The post-mortem was conducted by Dr. R.P. Srivastava, P.W. 11. He found one lacerated wound 1.5" x 1.5" chest cavity deep just internal to right nipple. The wound was between 4th and 5th ribs and multiple gun shot wounds some separate and some coaliscing extended from the right clavicle up to 2" below the joint of the mid bone of the chest and then up to 9.5" below the midline of the right exilla. Another gun shot wound 1/10" in diameter x skin deep, 1" to the left of umplicus and another gun shot wound 1/10" in diameter above the middle of right inguinal ligament. On internal examination he found multiple lacerated wound. There was a lacerated wound 1/10" x 1/10" cavity deep on the right upper part of the least (auricle). There