RAM BALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A Division Bench of the Allahabad High Court by the impugned judgment upheld the conviction recorded by learned Special Judge, Hamirpur holding appellant guilty of offence punishable under S. 302 of the Indian Penal Code, 1860 (in short IPC). Accused-appellant was sentenced to undergo imprisonment for life. However, co-accused-Rajendra Singh was acquittred.

(2.) Background facts which led to trial are as follows : Complainant-Ram Singh (P.W. 1) at the time of occurrence was living at village Swasa. On 20-7-1982 at about 6.00 p.m. when he was returning to his village Pyare Singh (P.W. 2), a co-villager was also with him. On the way his brother Prem Singh (hereinafter referred to as the deceased) who was living at village Chhani met him. They came to the bus stop and sat at the Chabutra in front of the Dak Bungalow and waited for the bus. At that time a bus came from Hamirpur. Appellant-Rambali Singh (A-1) and Rajendra Singh (A-2) residents of village Chhani Bujurg got down from that bus.

(3.) Accused-Rambali had a double barrel gun in his hand and a single barrel gun was in the hands of the acquitted accused-Rajendra Singh. After that they went to a nearby betel shop. From there they came and stood in front of them and said to his brother, the deceased "Dishonest; should we kill you." At that time Rambali fired from his double barrel gun and killed the deceased who died at the spot. The complainant and others raised alarm and the accused ran away towards the village hospital. There was enmity between the family members of the complainant and accused-Rambali Singh due to litigations and for that reason the accused persons had assassinated the deceased-Prem Singh. Many villagers were present there at the time of occurrence. The occurrence report was drafted by Ram Kishan Gupta under the instruction of complainant, registered as FIR and is Exhibit Ka-1. After FIR was lodged, investigation was undertaken.