RAMESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The aplant was convicted by the learned IInd Additional District and Sessions Judge Kanpur, of an offence under S. 302 Indian Penal Code and sentenced to death. The conviction and sentence were confirmed by the High Court of Allahabad. Along with the appellant Ram Sanehi was tried for an offence under Section 302 read with 120B I.P.C., while Munshi Lal was tried for an offence under Section 302 read with Section 34 I.P.C. Ram Sanehi was acquitted by the Trial Court while Munshi Lal was convicted under Section 302 read with Section 34 I.P.C. and sentenced to death by the learned Sessions Judge. The sentence of death passed on Munshi Lal was set aside by the High Court and the sentence of imprisonment for life was substituted in its place. Ramesh alone has appealed to this Court by special leave.

(2.) The prosecution case was that there was enmity between Nand Kishore, deceased and Ram Sanehi. Ram Senehi had been beaten earlier and it was suspected that the beating was at the instance of Nand Kishore. Ram Senehi according to the prosecution, hired Ramesh and Munshi Lal to murder Nand Kishore. Ramesh and Munshi Lal, it may be mentioned here belong to a different village. On 23rd February, 1973, at about 7.30 a.m. Jai Ram (P.W.1) who is related to Nand Kishore as a distant nephew was going towards the fields to the west of the village in order to ease himself. Ramesh and Munshi, the two accused were going ahead of him. Nand Kishore was going ahead of the two accused. Ram Gopal (P.W. 3) and Shankar Kori were going behind P.W.1. When P.W. 1 reached the cluster of mango trees in the grove of Rama Kant he saw Munshi pointing Nand Kishore to Ramesh and Ramesh firing a shot from a pistol at Nand Kishore. Nand Kishore stumbled and was about to fall when Ramesh fired a second shot. P.W. 1 was not, however, sure whether the 2nd shot hit Nand Kishore. Nand Kishore, however, fell down. P.W. 1 then chased the accused. He was joined by Ram Gopal (P.W. 3), Shankar Kori, Faqir Singh (P.W. 2), Bhawani Singh and others. After the witnesses chased the accused for some distance they were joined in the chase by others - Patter (P.W. 4), Ram Nath, Lallu, Chotkao Kori, RamKumar Ramesh was caught in the fields of Labhadwaj Singh while Munshi Lal went ahead. Munshi Lal was further chased and he was also caught in the field of Ram Shankar and brought to the place where Ramesh had been apprehended. A pistol and a belt containing 15 cartridges were seized from Ramesh while 5 live cartridges were recovered from Munshi Lal. At the time of catching Ramesh and Munshi Lal both of them were given a sound beating. In fact the hands of Munshi Lal were cut. The two accused were taken to the place where Nand Kishore was lying. Nand Kishore was dead by that time. P.W. 1 went to his house taking with him the pistol and the cartridges which had been seized. At his house he prepared a written report. He then proceeded to the Police Station at Ghatempur one mile away and handed over the report, the pistol and the cartridges to the Sub-Inspector incharge of the Police Station at 10.30 a.m. In the report it was mentioned that Ramesh fired two shots at Nand Kishore at the instigation of Munshi Lal. It was also mentioned that the occurrence had been witnessed by P.W. 1, P.W. 3, P.W. 2, Bhawani Singh, Shankar Kori and others and that all of them had chased the assailant and caught them. The recovery of the pistol and cartridges from Ramesh and Munshi Lal was also mentioned in the report. After receiving the report P.W. 12, Sub-Inspector of Police went to the village, held the inquest and arranged to send the dead body for post-mortem examination. He also sent the two accused to the hospital as he found that they had serious injuries on them. At the scene of occurrence he found a fired cartridge and a Lota, which he seized. He also seized bloodstained earth from the place where the deceased had fallen. After completing the investigation he filled a charge-sheet against Ram Sanehi, Ramesh and Munshi Lal.

(3.) In support of the prosecution case P.Ws. 1, 2 and 3 were examined as direct witnesses to the occurrence. P.W. 1 spoke to the case of the prosecution substantially as set out in the previous paragraph. P.W. 2 stated that he was returning home after easing himself. When he was near the western ridge of field of Shree Naraian, he saw the deceased going with a Lota to ease himself. Behind him were the two accused persons Ramesh and Munshi Lal. When Nand Kishore reached the ridge between the fields of Shiv Nath Singh and Putni Singh, on the signalling of Munshi Lal, Ramesh fired shots from a pistol. After shooting, the two accused persons started running away. They were chased by him and several others. First Ramesh was caught Later Munshi Lal was caught. P.W.2 also spoke about the recovery of pistol and cartridges as also to the severe beating that was given to the two accused by the villagers. P.W. 3 Ram Gopal stated that he was going to his field on the morning of the day of occurrence. He was going behind P.W. 1. The two accused were ahead of P.W. 1. Nand Kishore was going ahead of the two accused. When P.W. 3 had reached the mango trees of Rama Kant, he saw Munshi signalling and Ramesh firing from a pistol. P.W. 3 also spoke of the chasing of the two accused and their apprehension. P.W. 4 did not see the occurrence but he stated that when he was going to Jalala from his village and had reached the field of Kedar Nath, he heard two pistol shots and saw P.W. 1 and others chasing the two accused persons. He also joined the chase and the two accused persons were apprehended.