GYANENDRA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this appeal by special leave the appellant Gyanendra Kumar who is about 22 years old has been convicted by the Civil and Sessions Judge, Etah for offences under sections 302, 307, 224 I.P.C and S. 25 of the Indian Arms Act. On conviction he has been sentenced to imprisonment for life and to several other terms of imprisonment. All the sentences are made to run concurrently. In appeal, the High Court at Allahabad confirmed the conviction and sentence and hence this appeal by special leave.

(2.) The person who lost his life was one Munshi Lal, the maternal uncle of the appellant. The incident took place in Ganjdunwara town on August 30, 1964. There is a School in that town known as the Hindi Muria School which was run by the Dharmada Committee of the local grain-merchants. The appellant's father Raja Ram and uncle Mehtab Rai are influential grain merchants of the town and were members of the Dharmada Committee. The deceased Munshi Lal was a teacher in that School. The President of the Dharmada Committee received a letter in which it was suggested that the School may either be closed or the salaries of the teachers be reduced. Hence a meeting of the Dharmada Committee was called on August 29, 1964. The meeting, however, was adjourned to 2.30 P.M. on August 30, 1964. A large number of people attended the meeting of the Dharmada Committee. There were members of the Committee. There were members of the Committee and also non-members The appellant, a non-member, was also present at the meeting.

(3.) as soon as the meeting commenced one Bankey Lal Kabra P. W. 9 pressed for the consideration of the letter which suggested that the School be either closed or the salaries of the teachers be reduced. The appellant's father Raja Ram and uncle Mehtab Rai took exception to Bankey Lal Kabra taking part in the proceedings on the ground that he had ceased to be a grain merchant and was not entitled to address the meeting as a member. This annoyed Bankey Lal Kabra who made some derogatory remarks against Raja Ram and Mehtab Rai. The appellant got very much excited on hearing what was said against his father and uncle and said that Bankey Lal Kabra was creating trouble and it was necessary to look to him. So he left the meeting, went to his house which was about a furlong away and returned with a loaded double-barreled gun. By that time the meeting had ended in disorder and the people were dispersing on the road in front of the house where the meeting was taking place. Bankey Lal Kabra accompanied by some a others was moving away from the place when the appellant came with the gun and addressing those who were accompanying Bankey Lal Kabra said "Move away. I shall shoot this Sala Kabra with my gun". Saving this, he fired one shot in the direction of Bankey Lal Kabra. He missed his aim. Bankey Lal Kabra then started running to save himself towards the house of one Laxmi Narain. In the meantime the deceased Munshi Lal rushed towards his nephew, the appellant, in order to prevent him from using the gun. The appellant, however, pushed him back and fired at Bankey Lal Kabra, , Unfortunately Munshi Lal came between the gun and Bankey Lal Kabra and was shot in the back. Munshi Lal fell down.