The main legal point established in the judgment is the importance of considering the accused's statement under Section 313, Cr. P. C. as a whole and the need to weigh the evidence presented in criminal cases.

( 1 ) APPELLANT Parsadi has challenged the order of his conviction and sentences passed on 12-2-1987 by Sri S. R. Bhargava, the then Sessions Judge, Bareilly in Sessions Trial No. 89 of 1985. He has been sentenced to life imprisonment under section 302, I. P. C. and seven years rigorous imprisonment under Section 307, I. P. C. with a direction that both the sentences shall run concurrently. Presently, he is "in jail.

( 2 ) THE incident took place on 26-10-1984 at about 2. 45 p. m. near the Hospital in bengali Colony, P. S. Shishgarh, District bareilly. Lalji was murdered in the incident and injuries were caused to his daughter rama Devi PW-2. The report was lodged by omkar PW-1, an eye-witness, (son of the deceased) the same day at 4. 10 p. m. The distance of the police station from the place of occurrence was about 8 kms. The deceased died in District Hospital, Bareilly.

( 3 ) THE broad features of the prosecution case "may be set forth. The day of the incident was Bhaivadooj (26-10-1984) falling after Deepawali. At the fateful time, Omkar pw-1 was proceeding to bus stand accom-panied by his father Lalji (deceased), sister rama Devi PW-2, Bhupal and Chet Ram. His father and sister were ahead of others. When all of them reached in front of the hospital in Bengal Colony, the accused appellant came on a cycle from behind with his licenced gun hanging on his shoulder. He kept the cycle aside and accosted Lalji that he would teach him lesson for purchasing land of Bhogipura. He instantly fired his gun on him causing injuries to him and rama Devi. Both of them fell down. But before he could reload his gun, Omkar PW-1 caught hold of the gun. There was struggle for the gun. Niwar of the gun got off. The accused appellant abandoned his gun and cycle and fled away.

( 4 ) OMKAR reached the police station and lodged the F. I. R. there at 4. 10 p. m. , also deposited the gun of the accused. A case was registered and investigation followed at the hands of S. I. Virendra Kumar, PW-5. He proceeded to the spot and found both the injured lying there. Both of them were unable to give statements due to injuries. He sent them to District Hospital and recorded the statement of Omkar PW-1 at the spot. He inspected the site, collected bloodstained and simple earth. He also recovered cycle of the accused from the spot. The statements of the witnesses Bhupal and Dwarka were also recorded. The darkness had set in. He also recorded the statements of some other witnesses. The witness Chet Ram was searched but it came to be known that he had accompanied the injured to the hospital. The accused was searched in vain. During night he stayed at village Jokhanpur and returned the police station the next morning at 7. 40 a. m. He visited the District Hospital, Bareilly and came to know about the death of Lalji. The statement of Rama Devi injured was recorded. Chet Ram had accompanied the dead body for post-mortem. The investigating Officer, therefore, came to mortuary and recorded the statement of chet Ram.

( 5 ) THE accused was not to be found anywhere and he obtained permission for proceedings under Section 82/83, Cr. P. C. Eluding arrest, he, however, surrendered in the Court and was interrogated by the Investigating Officer on 26-11-1984.

( 6 ) IT maybe stated for the sake of clarity that the information regarding the death of lalji had been sent from District Hospital to p. S. Kotwali from where a Sub Inspector was deputed to prepare the inquest report and to send the dead body for post mortem. The dead body was ultimately sent for post mortem which was conducted by Dr. Balvir singh PW 3 on 27-10-1984 at 4. 45 p. m. He was aged about 45 years and about one day had passed since he died. The following ante mortem injuries were found on his person :

1. Two gunshot wounds of entry with inverted margins on the front of chest right side upper part, 5 cm above right nipple, at 12 Oclock position, size 1 cm x 1 cm x chest cavity and 1 cm apart. No. bl