KUNWAR PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant has approached this Court challenging the concurrent finding of the Trial Court and the High Court convicting and sentencing him to rigorous life imprisonment under Section 304 of the Indian Penal Code, 1860 [for short 'IPC'] and imposing a fine of Rs. 1,000/-, in default, to undergo further imprisonment for one year.

(2.) According to the prosecution the appellant is guilty of the said offence for having caused the death of one Ramayan Prasad, who was present in the marriage ceremony of one Kaushalya, daughter of Shyam Sunder. The incident took place on 22.05.1998 in the courtyard (aangan) inside the house of Shyam Sunder, father of the bride, where around 30 people were present to attend the ceremony while about 60 people were outside the house having snacks. The appellant was sitting at one side of the courtyard in the verandah on a trunk box. Four persons, namely, Hanuman Prasad, Ram Sewak, Mangal Singh and the appellant Kunwar Pal, had brought double barrel guns, ostensibly for celebration. Ramayan Prasad prohibited them from firing but they did not listen. Due to negligent firing a cartridge hit the neck of the deceased, who fell down. The deceased was taken to Gadarpur Government Hospital in a Tractor Trolley where a doctordeclared him dead. Ram Sewak ran away from the spot leaving behind his double barrel gun. Mangal Singh ran away with his double barrel gun. Hanuman Prasad and the appellant did not run away.

(3.) A first information report (FIR) was lodged on the same day i.e. on 22.05.1998 by one Kamlesh Kumar nephew of Ramayan Prasad, the deceased. In the FIR the informant alleged that three persons had brought guns and though prohibited they fired their gun. Due to negligent firing a cartridge hit the neck of the Ramayan Prasad, who fell down. The person who fired and the other instigators were caught by the villagers, who beat them. He named the appellant Kunwar Pal. He further stated that from one barrel of the gun one empty cartridge was found and from the other barrel a live cartridge was found. He further stated that Ram Sewak and Mangal Singh, who were Barati, had fired from their guns and ran away. Ram Sewak left behind his gun at the spot.