PALOK BASU, J. ( 1 ) THIS criminal appeal has been filed by Jhuri against his conviction under Section 302/34 IPC. , 324 IPC. and 25 Arms Act and sentence of imprisonment for life, six Sessions Judge, Fatehpur on 8/5/1978 in Sessions trial No. 401 of 1977. ( 2 ) THE charge against the appellant was that on 18/7/1977 at about 8. 30 P. M. he was found in possession of a country made pistol near the shop of Ghurai deceased in maholla-Zaidoon, police- station kotwali Fatehpur and thus he committed an offence punishable under section 25, of the Arms Act, further charge was that he with the common intention to cause the death of Ghurai fired from the said country made pistol when two co-accused had also fired at him and, therefore, he committed an offence punishable under Section 302/34 IPC. , the last charge was that when Head- constable Devi Charan tried to arrest him along with others, the appellant caused hurt by teeth- bite thereby committed an offence punishable under Section 324 IPC. ( 3 ) THE- prosecution case is that Ghurai deceased belonged to village Dubaki under police-station Malwan where the house of Thakur Jagroop Singh was looted in 1974 in which his son Phool Singh was killed and Ghurait was nominated in the F. I. R. as an accused by Jagroop Singh. In the trial Ghurai was acquitted thereby giving rise to great animosity and Jagroop Singh was bent upon taking revenge from Ghurai so much so that they did not permit the widow of Phool Singh to put off glass bangles until the revenge was taken. As a result of the fear emanating from the aforesaid conduct of Jagroop Singh, Ghurai deceased had left the village and had established a milk shop in Mohalla-Zaidoon in Fatehpur city. Further case of the prosecution is that on 18/7/1977 at about 8. 30 P. M: when Ghurai deceased was dying his business and his son P. W. 1 Mende Lal (Informant) and his sister were inside the shop they saw three persons one of whom said to Ghurai that this was his last day and then all the three fired at Ghurai. The pistol of one did not hit while Ghurai was badly injured by firing of the two. He tried to catch assailants but fell down on the Chabutra. The pistol of one did not hit while Ghurai was badly injured by firing of the two. He tried to catch assailants but fell down on the Chabutra. His next door neighbour P. W. 3 Ausad Ali and a witness of the village P. W. 4 Mohd. Maroof also saw the incident and they gave a chase. P. W. 2 Devi Charan, Head constable alongwith other constables was on patrol duty who had rushed towards the scene of occurrence on firing the gun fires and they also gave the chase and succeeded in arresting the appellant. Devi Charain. Head- Constable was given teeth-bite by the appellant on his wrist but he could not get out of the clutches. After the arrest the appellant gave the names of his associates as Arjun alias Kulhar Kahar and Lala. A country-made pisto containing an empty cartridge and two other live cartridges were recovered from the possession of the appellant. The informant and the other witnesses took the appellant to the police-station but on the way Ghurai deceased died. Mendetal dictated an F. I. R. which was taken down at 9p. M. by P. W. 7raj Dec Singh. Head-Moharrir. He also took bloodstained Bushirt of the appellant apart from the other articles and made necessary endorsement in the general diary as well as made memoranda thereof. P. W. 2 Devi Charan was sent for medical examination vide Chitthi Mazroobi Ext. ka5a. Blood-stained Baniyan of the deceased was also taken into possession. ( 4 ) FURTHER prosecution case is that P. W. 6 S. 1. Ram Manohar Rai was present at the police, station when the F. I. R. was lodged and he took up investigation at once. He completed all the formalities of inquest report EXL Ka 7 and prepared diagram of the dead-body and challan lash and letter addressed to the Chief Medical Officer for post mortem examination. Exts. Ka8, Ka9 and Ka10 and dispatched the dead-body through constables Rajpal Singh and Ram Dularey. Immediately thereafter he recorded the statements of Head-Moharrir Raj Deo Singh, P. W. 1 Mendelal and also recorded the statement of the appellant followed by the statements of witnesses of the inquest report. Then he went to the spot and recorded the statement of Km. Maya Devi, daughter of the deceased Ghurai, inspected the site and prepared a site plan Ext. Then he went to the spot and recorded the statement of Km. Maya Devi, daughter of the deceased Ghurai, inspected the site and prepared a site plan Ext. Ka12 where from the also collected samples of plain and bloodstained earth. He also took into possession a bulb which was burning at the shop of the deceased Ghurai. ( 5 ) THE injury of Head-constable Debi Charan was examined by Dr. M. M. S. A. Khan P. W. 5 on 18/7/1977 at 11. 05 P. M. The doctor found the following injury on his person. 1 Contusions multiple in an area of itt in diameter of antero, lateral aspect of lower third of right forearm, as depicted in the diagram; semi circular in shape, with abrasion 1/4 x 1/6 present in between. The injury was bleeding. ( 6 ) IN the opinion of the doctor the injury was simple, caused by some blunt object and friction and was fresh. This injury report is Ext. Ka5. ( 7 ) THE post mortem examination was also done by Dr. M. M. S. A. Khan P. W. 5 and the post mortem report prepared by him is Ext. K,86. The same shows the following injuries: 1. Multiple gunshot wounds of entry in an area of 1. h/2 x 1 h/2 x bone deep, through and through present over the outer aspect of right shoulder region, blackening was present, direction of the wound was towards forwards, downwards and backwards. Bones underneath were fractured. 2. Gunshot wound of exit 1/2 x 1/2 through and through present over the right scapular region. 3. Gunshot wound of entry 1/4 x 1/4 through and through present over the poster lateral aspect of middle third of right upper arm, blackening was present; direction was from right to left horizontally, forwards and side wards. 4. Gunshot wound of- exit 1/2 x 1/2 x through and through present over the antero-medial aspect of middle third of right upper arm. 5. Gunshot wound of entry 1/4 x 1/4 x muscle deep present 3 below the injury No. 3; blackening was present; direction was as injury No. 3. 6. Gunshot wound of entry 1/4 x 1/4 x through and through present 1 h/2 below the right olecranon process. Blackening was present. Direction was as above. 7. 5. Gunshot wound of entry 1/4 x 1/4 x muscle deep present 3 below the injury No. 3; blackening was present; direction was as injury No. 3. 6. Gunshot wound of entry 1/4 x 1/4 x through and through present 1 h/2 below the right olecranon process. Blackening was present. Direction was as above. 7. Gunshot wound of exit 1/2 x 1/2 x through and through present over the front of the upper third of right forearm. 8. Gunshot wound of entry 1/4 x 1/4 cavity deep present 3 above the fight nipple, blackening was present; direction was in injury No. 6. 9. Gunshot wound of entry 1/4 x 1/4 x cavity deep Present 3 1/2" below and lateral to injury No. 8. Direction as above. 10. Abraded contusion 1" x 1/2 present over the right hypochondium 1/4 below the right subcostal margin. 11. Gunshot wound of entry 1/4 x 1/4 x cavity deep present 2 below the injury No. 10. Blackening was present. Direction was as injury No. 9. 12. Abraded contusion 2 x 1 (2" present 2 below the umbilicus. 13. Gunshot wound of entry 1/4" x 1/4 x muscle deep present over the outer aspect of upper third of right thigh. Direction was as injury No. 11. Blackening was present. ( 8 ) INJURIES Nos. 10 and 12 according to the opinion of the doctor could occur by a fall on the ground. According to his opinion further the deceased must have been shot from within a distance of four feet and that the injuries caused thereby were sufficient to cause his death. According to him this occurrence must have taken place at about 9 P. M. on 18. 7. 1977. ( 9 ) AFTER completing the investigation, the investigating officer submitted charge sheet Ext. Ka13 against the accused. He further submitted another charge-sheet Ex. Ka14 against the accused under Section-25 of the Indian Arms Act after obtaining the necessary sanction Ext. Ka15 from the District Magistrate. In due course the accused was committed to the Court of Session by the Chief Judicial Magistrate, Fatehpur Sri S. B. Verma on 10/12/1977. ( 10 ) DURING the trial the appellant denied the allegations and pleaded not guilty. Ka15 from the District Magistrate. In due course the accused was committed to the Court of Session by the Chief Judicial Magistrate, Fatehpur Sri S. B. Verma on 10/12/1977. ( 10 ) DURING the trial the appellant denied the allegations and pleaded not guilty. His version of the matter was that he had come to his sisters house in Mohalla Sadipur from where he along with another person was going to see Cinema when the police caught him. He said that only an earthen lamp was burning at the shop of Ghurai. When the police people started beating him nothing was recovered from him and therefore, he gave a teeth-bite on the constable. According to his statement the deceased and he were taken together in Ekka and that was why his Bushirt got blood-stained. In defence two witnesses have been examined. One of the appellant having gone to her house on that day in the evening and P. W. 2 is Ram Gopal who has said at he was accompanying the appellant for going to the Cinema. He also filed Ext. Kha 1 which is a certified copy of the identification relating to Crime No. 10 of 1977 of G. R. P. Fatehpur showing that the witnesses had failed to identify him. Ext. Kha 2 is a certified copy of the Identification memo of crime No. 114 of 1977. Similarly Ext. Kha 3 is the copy of the judgment in criminal case No. 44 of 1976 showing that he was acquitted ill a case under Section-379 I. P. C. ( 11 ) THE learned trial Judge has placed implicit reliance upon four eye-witnesses produced by the prosecution. He has believed that the appellant was recovered as the spot in a chase given just after he ran having fired at the deceased and has also believed the recovery of country made pistol with a fired cartridge in it and two live cartridges in the pocket. He further believed that in order to effect forcible release from lawful arrest the appellant gave teeth-bite at the fore-arm of P. W. 2 Devi Charan. He discarded the defence evidence as also the defence version. On these findings he convicted and sentenced the appellant as noted above. Aggrieved the appellant has filed the present appeal. He further believed that in order to effect forcible release from lawful arrest the appellant gave teeth-bite at the fore-arm of P. W. 2 Devi Charan. He discarded the defence evidence as also the defence version. On these findings he convicted and sentenced the appellant as noted above. Aggrieved the appellant has filed the present appeal. ( 12 ) SRI Raghuraj Kishore was appointed as Amicus Curiae who has argued the case at length on behalf of the appellant and Sri R. C. Deepak, learned A. G. A. has been heard on behalf of the State. The entire record has been examined. ( 13 ) THE blood stained bushirt of the appellant had some marks as that on the deceased. It indicates sprinkling of the blood of the deceased body as well as the injuries and the accused being as per the evidence within one or two steps of the deceased his bushirt got blood stains by that blood. The bloodstained earth and cement pieces from the place of occurrence also lend enough support to fix the place of occurrence. ( 14 ) P. W. 1 Mendelal was inside the shop where the deceased was working. Obviously a Halwai shop (Sweetmeat shop) would be having electric bulb is the case of prosecution. Incidentally the Investigating Officer had taken the bulb in the custody as a proof of the act of its burning. Just in front of the shop there was an electric bulb on which there was also light. Consequently there was no difficulty for P. W. 1 Mendelal to see the entire incident and give a chase to the persons shooting. P. W. 3 Ausad Ali is the next door neighbour of the deceased and was ironing out the clothes as he was washer-man by profession. It is true that his attention was invited just after the firing but this time gap between the two is so long that it was very easy for him to recognize the persons shooting at the deceased. Similarly P. W. 4 Mohd. Maroof was also a resident of the village and has said that he had come to have milk from the shop of Ghurai as he used to do everyday. It was tried to suggest him that he has appeared in other police cases but neither any document has been filed nor has this suggestion been substantiated in any manner whatsoever. Maroof was also a resident of the village and has said that he had come to have milk from the shop of Ghurai as he used to do everyday. It was tried to suggest him that he has appeared in other police cases but neither any document has been filed nor has this suggestion been substantiated in any manner whatsoever. ( 15 ) P. W. 2 Devi Charan is the injured constable who gave a chase and had succeeded in arresting the appellant at the spot, his injury has been proved as referred to above and indicates that the prosecution allegation is fully corroborated by it. Nothing whatsoever has been elicited in the cross- examination of the four eye-witnesses out of whom one is injured so as to discredit their testimony and the learned trial Judge has rightly placed implicit reliance on their testimony. ( 16 ) THE defence version is also rightly rejected by the trial Judge. The three documents have no connection whatsoever with the police station Kotwali which has prosecuted the appellant in the instant case. The evidence of D. W. 1 and D. W. 2 firstly appear to be totally out of point and concocted. If it was true that the appellant was falsely implicated the relatives must have made the applications to the higher authorities that her brother and his friend were falsely implicated in a case with which they have nothing to do. ( 17 ) AN attempt was made by learned counsel for the appellant to show that the two persons who were not named in the F. I. R. were said to be Arjun alias Kulhar Kahar and Lala who were known to the informant from before. The argument proceeds that if they were known from before why were they not named in the F. I. R. since they were not so named, the informant must not have seen any incident. This argument has to be mentioned only to be rejected. The police has not prosecuted those two persons since initially their names had not come in the F. I. R. From the cross- examination of the witnesses it did not transpire that they have divulged the names of two persons falsely in their statement under Section-161 Cr. This argument has to be mentioned only to be rejected. The police has not prosecuted those two persons since initially their names had not come in the F. I. R. From the cross- examination of the witnesses it did not transpire that they have divulged the names of two persons falsely in their statement under Section-161 Cr. P. C. For what reasons P. W. 1 Mendelal has said that one of the two persons was Arjun alias Kulhar Kahar is very difficult to imagine. May be that there was some pressure on him or may be that he had developed some confusion or may be that his mentioning of an additional name may have added assurance to him. Be that as it may, this aspect has got nothing to do with the spot arrest of the appellant which is fully corroborated by obviously independent witnesses including the injured constable. ( 18 ) EXAMINING all the arguments advanced, it must be held that nothing convincing has come from the accused side so as to denounce the prosecution story of his being arrested on the spot just as he tried to flee after firing at the deceased. ( 19 ) CONSEQUENTLY this appeal is dismissed. The appellant is in jail. He shall serve out the sentences awarded to him by the trial court. ( 20 ) SRI Raghuraj Kishore has argued the appeal as Amicus Curiae with ability and he will be paid a sum of Rs. 250. 00 as his fee. Appeal dismissed. .