Indian Penal Code, 1860
Section 302 & Section 30 of Arms Act—Murder by gun-shot—Appeal against conviction—Case of prosecution is based on the evidence of two eye-witnesses—Both of them have stood the test of cross-examination and clearly stated that it was appellant who had fired the shot—Challenge is laid to the testimony of eye-witnesses on the ground that they immediately did not take the deceased to nearby hospital but took him to Medanta Hospital which was far off and in view of delay in the treatment the deceased died however, no such question was put to the post-mortem doctor as to whether death was due to delay in his treatment—Contention that at best an offence under S. 304 IPC is made out and appellant be released on the period already undergone—From the prosecution case, it clearly emerges that in view of disputes between parties and having agreed to sit in the evening for discussing the issue, father of deceased along with his son (the deceased) and another eye-witness had gone to the house of appellant when shot was fired from licensed weapon of appellant while standing on the terrace and hence, it cannot be said that the act of appellant was not with the intention to cause death of deceased—No merit found in the plea that offence be converted to one under Section 304 IPC—Appeal dismissed.
[Paras 23 & 24]