OM PAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of the High Court of Judicature at Allahabad in Criminal Appeal No. 604 of 1980 by which the High Court has confirmed the judgment of the trial court wherein the appellant had been convicted under Section 302 IPC and sentenced to life imprisonment.

(2.) The prosecution version as noticed by the trial court as well as the High Court is that there was enmity between the deceased Rishipal and Om Pal Singh, the appellant herein for a number of years. Both the deceased and the appellant were competing for the license of a liquor shop near the railway station, Davera, about 3 years prior to the tragic incident on 11.6.1978. Since then, there had been several hostile incidents, at different times, between the two. It appears that on one occasion, the appellant had beaten up Rishipal, on the basis of which a criminal case was pending against the appellant in the local Court at Bareilly. Thereafter, there was a theft committed at the grocery shop of the deceased. Here again, he had registered a complaint of theft against the appellant at the local police station. As a consequence of these incidents, earlier also in the month of February or March, 1978, the appellant had tried to kill the deceased but he had managed to escape. But the victim was not so lucky, when he was shot down by the appellant on 11.6.1978.

(3.) According to Ram Prakash (hereinafter referred to as PW 2) on 11.6.1978, he had gone to FCI godown in Village Ehroli to purchase food grains. Later, he, Rishipal, Ravinder Pal Singh (hereinafter referred to as PW 3) and Rambir Singh were returning form the godown on their cycles. When they were at a distance of about 200 steps form the culvert of the State tube well, the appellant also arrived there on his Yezdi motorcycle from the village. He was armed with a double-barrelled gun. Rishipal was about 15 to 20 paces ahead of the rest. On seeing him, the appellant parked his motorcycle at a distance of about 40 steps. He then advanced towards Rishipal. Seeing him the deceased became perplexed; he left his cycle and rushed towards the plot of one Birpal Singh. He was wearing an open shirt (Ext. 1), Baniyan (Ext. 2) and Pant (Ext. 3). Thereafter the appellant fired one shot from his double-barrelled gun at Rishipal causing injuries to him. The deceased fell down as a result of the injuries. The appellant thereafter escaped, leaving behind his motorcycle.