Medical evidence can contradict eyewitness testimony, and inherent improbabilities in the prosecution case can lead to the acquittal of the accused.

( 1 ) ACCUSED Ram Naresh, Singh, who was convicted by judgment and order dated 21-9-1991 by Sri C. P. Misra, Special Judge, Dacoity Affected Area, Kanpur Dehat under Sections 302 and 394, I. P. C. and was sentenced to under go imprisonment for life under the first count and ten year R. I. under the second count has come up in appeal.

( 2 ) THE prosecution story briefly stated is as under : Accused appellant Ram Naresh Singh was employed in Police Force at Banda. He was resident of village Rajapur P. S. Ghatampur District Kanpur Dehat. Deceased Shatrughan Singh was also resident of the same village. On 21-12-1989, the accused appellant had come to his village. He had taken the deceased with him to his house. Deceased Shatrurghan Singh was a well to do man having 20-22 Bighas of land and was also carrying on the business of money lending. He was licensed holder of gun. When the deceased had gone with the accused, he was having his gun with him. He was also having some money with him. The deceased was having money dealings with the accused to the extent that he deposited a sum of Rs. 25000. 00 with the accused. The. Prosecution claimed that at about 5 p. m. on 21-2-1989, the accused appellant committed the murder of the deceased on the Chak Road in village Rajapur P. S. Ghatampur District Kanpur Dehat, by firing at the deceased by means of the gun. He also robbed the double barrel gun of the deceased as also a sum of Rs. 130000. 00 from the person of the deceased. This incident was witnessed by Ram Prakash PW-1, nephew of the deceased, his father Kamla Singh, Badan Singh PW-2. Rakesh Singh PW-3.

( 3 ) A written report Ex. Ka-2 about this incident was lodged by Ram Prakash PW-1 on 21-12-1989 at about 8. 25 p. m. at P. S. Ghatampur, District Kanpur Dehat. The investigation of the case was taken up by S. I. Rajendra Singh Parmar PW-7. He recorded the statement of the complainant on 21-12-1989 and rushed to the scene of occurrence on 22-12-1989 S. I. Rajendra Singh Parmar inspected the scene of occurrence and prepared site plan Ex. Ka. 11. He recovered blood stained and simple earth from the scene of occurrence and prepared the recovery memo about the same. He prepared inquest report of the dead body of the deceased and sent the same for post mortem examination. Further investigation into the matter was conducted by Sri Dharam Singh S. H. O. PW-8. He recorded the statement of Kamta Singh, Rakesh Singh, Dadan Singh and Ram Kishore on 23-12-89, He also recorded the statements of constable Rakesh Kumar and Head constable Rajendra Prasad. He recorded the statement of accused Ram Naresh Singh on 8-1-90 and after concluding his investigation submitted a chargesheet against the accused.

( 4 ) AUTOPSY on the dead body of the deceased was conducted by Dr. Anil Kumar PW-6 on 22-12-89 at 3 p. m. He found the following ante-mortem injuries on the body of the deceased :1. An abrasion on the nose. 2. A fire arm wound of entry 4 cm x 3 cm x chest cavity deep on right side back 8 cm right angled. Blackening and scorching present. Diverted obliquely up ward. 3. A fire arm wound of entry on left hip 2. 5 cm 2 cm x bone deep. Blackening and scorching present, diverted towards right side. 4 wadding pieces in liver, 5 in lung and one near wound No. 3. 25 pallets recovered - 10 from liver, 7 from lung and 6 from wound No. 3. The deceased was aged about 45 years and about one day had passed his death. The body was heavy built, rigormortis was present. The eyes and mouth half open and blood was coming from nostril and mouth. The Doctor found 7th and 8th rib ruptured. Right lung was also ruputured. Both chambers of the heart were empty. Small and large intestines were half full with gases and half full with faecal matter. Liver and gall bladder were reputed, 10 pallets and 4 wads pieces were present. In the opinion of the doctor, the death was caused due to shock and haemorrhage, due to fire arm wounds.

( 5 ) CHARGES under Section 302, I. P. C