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HIGH COURT OF ALLAHABAD
M.C.JAIN,ASHIM KUMAR BANERJEE
Gulab Singh
Versus
State of U.P
CRIMINAL APPEAL 1595 of 1981
Decided On : 31 March 2003
Criminal Appeal 1595 Of 1981
FIREARM INJURY - Criminal Law - Section 302,1. P. C. - [Section 302,1. P. C.] - The court discussed the dying declaration of the victim, the consistency of the statement with the post mortem examination report, and the motive to cause firearm injury. The court found the statement of the victim to be reliable and consistent with the evidence, leading to the conviction of the accused under Section 302,1. P. C.
Fact of the Case:
The appellant was convicted and sentenced to life imprisonment for causing firearm injury resulting in the death of the victim. The prosecution's case was based on the dying declaration of the victim, supported by witness testimony.
Finding of the Court:
The court found the dying declaration of the victim to be reliable and consistent with the evidence presented. The court held the appellant guilty under Section 302,1. P. C. and sentenced him to life imprisonment.
Issues: The key issue was the reliability of the dying declaration and its consistency with the evidence.
Ratio Decidendi: The court relied on the consistency of the victim's dying declaration with the post mortem examination report, the motive to cause firearm injury, and the lack of reason for the victim to falsely implicate the appellant.
Final Decision: The appeal was dismissed, and the appellant's bail was cancelled. He was ordered to be taken into custody and sent to jail to serve out the sentence.
( 1 ) THIS appeal has been preferred against judgment and order dated 17-7-1981 passed by Sri S. L. Tripathi, Sessions Judge, Deoria in Sessions Trial No. 359 of 1980 by which appellant Gulab Singh has been convicted and has been awarded sentence of life imprisonment under Section 302,1. P. C.
( 2 ) ACCORDING to prosecution the oocurrence is said to have taken place in the night of 26/27-7-1980 at about 8 or 9 p. m. in village Belwa Dubauli, Police Station rudrapur, District Deoria , F. I. R. of which was lodged at police station Rudrapur by satya Narain Singh, deceased himself on 27-7-1980 at about 3. 15 a. m. against Gulab singh, Khublal, Bhan Singh and Subba. The police station is at a distance of 6 miles from the place of occurrence. Satya Narain Singh injured was alive at the time of occurrence and after lodging the F. I. R. he succumbed to injuries. Scribe of the F. I. R. was Rajendra Singh.
( 3 ) POST mortem examination on the dead body of Satya Narain Singh was done by Dr. C. V. Singh, Medical Officer District Hospital, Deoria on 27-7-1980 at 2. 00 p. m. and following ante mortem injuries were found on the body of Satya Narain Singh, aged about 70 years :
1. Gun shot wound of entry 2" x 1?" x abdominal cavity deep on the left side of abdomen, 7?" below the axilla. Blackening and charring was present around the wound and small intestine was coming out.
2. Abrasion 1" x 3/4" with swelling on the middle side of right arm, lower part including right elbow. Blackening and charring was present.
( 4 ) THE blood was collected in the abdominal cavity wherefrom 6 pellets were recovered by -the doctor. There was a gun shot wound of entry 2?" x 2?" on the outer wall of the stomach. Two wads and pellets were recovered from it. Semi digested food was found in the stomach. There was a lacerated wound 2" x 2" on the outer side of spleen. Faecal matter was present in both the intestines.
( 5 ) IN the opinion of the doctor, death of satya Narain Singh had taken place due to shock and haemorrhage resulting from ante mortem injuries.
( 6 ) AFTER the F. I. R. was lodged, the investigating officer Ganga Prasad Tripathi, recorded the statement of injured Satya Narain singh and Smt. Babuni. Earlier the F. I. R. was lodged under Section 307, I. P. C. but later on it was converted under Section 302, i. P. C. Since Satya Narain Singh later on died, hence his statement recorded under Section 161, Cr. P. C. was treated as dying declaration. After completing the investigation including preparation of inquest report, site plan etc. , the charge sheet was submitted against accused Gulab Singh, Khub Lal, bhan Singh and Subba, against whom the f. I. R. was lodged and the case was committed to the Court of Session.
( 7 ) PROSECUTION examined P. W. 1 Smt. Babuni, P. W. 2 Dhelaroo, P. W. 3 Dukhi and p. W. 4 Basant Singh as eye witnesses. P. W. 5 is constable Matbar Singh, who carried satya Narain Singh to Rudrapur Dispensary, district Deoria and when Satya Narain Singh died on the way to district hospital Deoria, he carried his dead body back to the police station, where inquest report was prepared. P. W, 6 Davan Chaubey, head constable of police station Rudrapur, district Deoria, prepared chick report of Satya Narain Singh at the police station. P. W. 7 is Dr. C. V. Singh who conducted post mortem examination on the dead body of Satya Narain Singh. P. W. 9 is Ganga Prasad Tripathi, who was the Station Officer at police station Rudrapur district Deoria, who recorded the statement of satya Narain Singh under Section 161, cr. P. C. , which has been treated as dying declaration by the learned Sessions Judge.
( 8 ) ACCORDING to prosecution, Satya narain Singh was resident of village Belwa dubauli, police station Rudrapur district deoria. He had three sons Basant Singh, nem Singh and Kapildeo Singh. Appellant gulab Singh is the son of Nem Singh. Smt. Babuni wife of Banshi Singh is resident of the same village. Her daughter was married with Kapilde
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