DATA RAM CHAWAD Vs. STATE OF UP

JUDGEMENT

(1.) Accused-appellants Data Ram and Karan Das have challenged the judgment and order dated 9th April 1999 passed by the District & Sessions Judge, Nainital in Sessions Trial No. 108 of 1994 whereby both the accused appellants have been convicted under Section 302 of the Indian Penal Code (for short I.P.C.) and sentenced to life imprisonment and fine of Rs. 5,000/- each. In default of payment of fine they have been ordered to undergo two years rigorous imprisonment. The criminal law was set in motion on the written complaint (Ex. Ka-1) submitted by PW-1 Satish Kumar Narang, brother of deceased Kashmiri Lal before Inspector Incharge Police Station Kichchha. The accused Data Ram and deceased Kashmiri Lal are co-brothers. Accused Data Ram was married to Phoola Devi while her sister Beena Devi was married to Kashmiri Lal. According to the complainant both Beena Devi and Phoola Devi were daughters of Hansraj Batra. Hansraj Batra had no son, therefore, he had adopted Manish Kumar son of Beena Devi and deceased Kashmiri Lal. Hansraj Batra had executed a Will in favour of Manish in the year 1982. He also purchased land measuring four and a half acres in the name of Manish Kumar. He also purchased two and half acres of land in the name of his wife Maali Bai who was still alive. He also purchased land measuring four and half acres in the joint name of his daughters Beena Devi and Phoola Devi, however, the said land was still in possession of Manish Kumar. Accused Data Ram had filed a case before the Revenue Authority claiming half share of the entire land belonging to Hansraj Batra, which was decided against him in the court of A.D.M. Nainital and appeal filed by him was pending before the Commissioner, Nainital. The matters was fixed for 23rd November 1993 in the civil court, Rudrapur and 25th November 1993 in the Commissioners court.

(2.) On 22nd November 1993 at about 8:15 p.m. deceased Kashmiri Lal along with his brother Satish Kumar Narang was coming back from his shop in Siddhu Market towards the house of Kashmiri Lal. Kashmiri Lal was on his own cycle and was ahead of complainant Satish Kumar Narang, who was on his own cycle. After crossing Baheri road they had approached Awas Vikas Road and when they reached near the water tank of Block no. 1, accused Data Ram along with his brother Karandas came on their motorcycle from the front side and stopped the motorcycle in front of them. Thereafter accused Data Ram came towards backside of Kashmiri Lal and fired a shot towards him. On receiving the firearm injury Kashmiri Lal fell down from the cycle, he walked about ten paces towards his house but again fell down and at that point of time accused Karandas fired a shot on the left side temple of Kashmiri Lal. On receiving the said injury Kashmiri Lal died instantly. On hearing the firearm shot Deewan Chand resident of Awas Vikas Colony and Mohan Lal resident of Azad Nagar and many other persons were attracted and reached the spot. They saw Data Ram and Karandas running away from the spot after causing injuries to Kashmiri Lal. After leaving the dead body of his brother at the spot PW-1 Satish Kumar Narang went and reported the matter to the police in police station Kichchha. On the basis of said complaint (Ex. Ka-1) Chick F.I.R. (Ex. Ka-4) was recorded, an entry in this respect was made in the General Diary. While recording the Chick F.I.R. Head Moharir questioned PW-1 Satish Kumar Narang with regard to the source of light in which they identified the assailants, and the complainant replied that the electricity bulb was emitting light on the road and there was electric light in colony as well. PW-5 Sub Inspector N.S. Tyagi on receiving the information about the incident went to the spot and prepared Panchayatnama (Ex. Ka-7) and sealed the dead body of Kashmiri Lal. He also prepared police form no. 13 (Ex. Ka-9) and sketch of the dead body (Ex. Ka-8) and sent the same along with the application (Ex. Ka-11) and (Ex. Ka-12) for conducting the postmortem along with the sample seal to the Medical Officer, Haldwani. He also picked up butt and body of 12 bore pistol from the place of occurrence, bloodstained earth, simple earth, one Tickli, and other articles. They were separately made into parcels and sealed with his seal and taken into possession vide Ex. Ka13 to Ka-16. After sending the dead body of Kashmiri Lal for postmortem, bloodstained clothes and other articles of the deceased, which were made into parcel and handed over to PW-5 Sub Inspector N.S. Tyagi, which he sent for Chemical Examination to the Forensic Science Laboratory, Agra, the report of the Forensic Science Laboratory received in this respect is Ex. Ka-18.

(3.) The investigation was conducted by PW-4 Inspector Raj Veer Singh, who went to the spot and recorded the statements of the witnesses. On inspection of the spot, he prepared site plan Ex. Ka-5. He arrested accused Karandas on 25th November 1993, an entry (Ex. Ka-6) in this respect was entered in the General Diary. Accused Data Ram absconded after the occurrence, however, he surrendered in the court on 7th December 1993.