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IN THE HIGH COURT OF ALLAHABAD
R. A. MISRA, R. K. SHUKLA
ZORAWAR - Appellant
Versus
STATE OF U.P. - Respondents
Criminal Appeal 2258 Of 1977
Decided On : 05/21/1986
CRIMINAL APPEAL - MURDER - S. 302, I. P. C. - CONVICTION - EVIDENCE - EYE-WITNESSES - DYING DECLARATION - MEDICAL EVIDENCE - CAUSE OF DEATH - PERITONITIS - WHETHER INJURIES CAUSED BY THE APPELLANT WERE THE ROOT CAUSE OF DEATH - INTERPRETATION OF S. 302, I. P. C.
Fact of the Case:
The appellant, Zorawar, was convicted by the Sessions Judge for the murder of Ram Bharosey Singh under S. 302, I. P. C. The prosecution alleged that the appellant had shot Ram Bharosey with his licensed gun at his Chaupal due to a dispute over property. Two eye-witnesses, Balister Singh (son of the deceased) and Jagannath, testified to the incident. The deceased's dying declaration was also recorded by the S. D. M. A cartridge found at the spot was recovered and matched with the appellant's gun by a Ballistic Expert.
Finding of the Court:
The court found that the prosecution had proved its case against the appellant beyond reasonable doubt. The eye-witnesses' testimonies were consistent and corroborated by the dying declaration and the recovery of the cartridge. The court rejected the appellant's defense that the injuries were not the cause of death, relying on medical evidence that the peritonitis developed as a direct result of the gunshot wounds.
Issues: 1. Whether the prosecution had proved its case against the appellant beyond reasonable doubt. 2. Whether the injuries caused by the appellant were the root cause of the deceased's death.
Ratio Decidendi: 1. The court held that the prosecution had proved its case against the appellant beyond reasonable doubt based on the consistent testimonies of the eye-witnesses, the corroborating dying declaration, and the recovery of the cartridge. 2. The court interpreted S. 302, I. P. C., and held that even if the injuries caused the death combined with a complication like peritonitis, it must be held that those injuries were the cause of death or that the circumstances in which those injuries were received would be circumstances of the transaction which resulted in death.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellant.
( 1 ) THIS appeal is directed against the judgment and order dated 9-8-1977, passed by the Sessions Judge, Budaun in Sessions Trial No. 86 of 1976, whereby he has convicted Zorawar appellant under S. 302, I. P. C. and sentenced him to life imprisonment.
( 2 ) ZORAWAR appellant was charged under S. 302, I. P. C. for committing the murder of Ram Bharosey Singh on 23-11-1975 at about 10 a. m. in village Fatehpur, Police Station Musajhag, district Budaun at the CHAUPAL of the deceased with his gun. The appellant and the deceased belong to the same village Fatehpur. It is alleged that Zorawar appellant has four brothers, the eldest of whom was Lahori, who died issueless two years before the occurrence. Smt. Champa Devi widow of Lahori inherited the property of her husband and sold away the same to Bhograj son of her DEWAR, Ram Sahai and went away to her fathers house. Thereafter dispute arose between the brothers of Lahori regarding his property. Nathu and Zorawar appellant formed one party against Ram Sahai. In the evening preceding the murder of Ram Bharosey Singh, the appellant Zorawar and Nathu tried to trap Ram Sahai with intent to kill him. Ram Sahai saved himself by entering into the house of Ram Bharosey and bolting the door from inside. When the assailants went away then Ram Sahai slipped away to his village, Bibipur. Thereafter the appellant developed malice against Ram Bharosey, because Ram Sahai could find his escape with the help of Ram Bharosey.
( 3 ) ON 23-11-1975 when Ram Bharosey was sitting at his Chaupal at about 8 a. m. along with his son Balister Singh (P. W. 3), complainant, his uncle Sita Ram, servants Chandra Pal, Subedar and Jagannath (P. W. 6), the appellant Zorawar came there with his licensed gun through northern Galiara and started abusing Ram Bharosey for protecting Ram Sahai on the preceding day. Thereupon all the persons sitting at the Chaupal of Ram Bharosey got up. Ram Bharosey asked Zorawar appellant not to abuse him. Then Zorawar appellant fired two shots from his D. B. B. L. gun on Ram Bharosey, who fell down on the Chabutra of his Chaupal. When the witnesses challenged the appellant, he reloaded his gun and threatened to kill them if tried to move. Therefore, the witnesses did not proceed further due to fear and the appellant made good his escape towards his house which was quite close to the complainants Chaupal. Ram Bharosey received serious injuries, which were bleeding. The blood fell on the Chabutra. Some pellets hit the outer wall of the room of the Chaupal.
( 4 ) THEREAFTER the complainant Balister Singh proceeded to police station Musajhag with his injured father in a LAHROO and carried with him the empty cartridge which the appellant had left at the spot while reloading his gun. The complainant lodged oral FIR. (Ex. Ka-5) at 9. 35 a. m. on 23-11-1975, which was scribed by Constable Rajendra Prasad (P. W. 14 ). A case was registered under S. 307, I. P. C. and investigation was started by Rudra Deo Yadav, S. O. (P. W. 15 ). He took the statement of Ram Bharosey injured, complainant Balister Singh (P. W. 3), Ram Nath Singh and Govardhan Singh at the police station and sent the injured Ram Bharosey to District Hospital, Budaun for treatment.
( 5 ) DR. V. P. Kulshrestha (P. W. 8), Medical Officer, Sadar Hospital, Budaun examined the injuries of Ram Bharosey Singh on 23-11-1975 at 2. 15 p. m. and found the following three injuries on his person :1. Multiple gun shot wounds of entry in an area of 28 cm. x 24 cm. on right iliac fossa, right hypochondrial region and right side inguinal region and up to umbilicus, each wound measuring 0. 2 x 0. 2 in size, injuries kept under observation. Advised X-ray right side abdomen. 2. Multiple gunshot wounds of entry on right elbow in an area of 8 cm. x 6 cm. (total number) (3) Injury kept under observation. Advised X-ray each wound measuring 0. 2 x 0. 2 cm. Multiple gunshot wounds of entry on left hand palmer aspect and in the wale of thu
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