RAJU Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment and order dated 24.02.1994 passed by Additional Sessions Judge, Nainital whereby Appellant Raju has been convicted under Section 302 of Indian Penal Code (for short "IPC") while Appellant Makkhan has been convicted under Section 302 read with Section 34 I.P.C. They have been sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/ - each. In default of payment of fine, they have been ordered to undergo rigorous imprisonment for three months.

(2.) PROSECUTION story, as unfolded by PW 2 Ram Bharose in his oral complaint, is that on 08.09.1991 at about 7.30 p.m. his son Lekhraj was coming toward his house from the fertilizer shop where he was employed. PW3 Ramai, cousin brother of complainant Ram Bharose was also accompanying him (Lekhraj) on foot. When they reached near the corner of Baigul River accused Raju exhorted "sala aa gaya". On this accused Makkhan stated that "let he be finished and his accounts be cleared." Immediately thereafter, accused Raju fired at Lekhraj with his country made pistol, which hit on his chest. When PW2 Ram Bharose raised alarm, many persons reached the spot. According to the complainant, accused were clearly identified by him and his cousin in the light emitted by bulb fixed on the pole. Both of them tried to catch hold of the accused but they escaped towards village Bhadaipura. According to the complainant, accused Raju had enmity with Lekhraj on account of some money transaction and accused Makkhan is a friend of Raju. Accused Raju is running a tea stall near Eye Hospital, village - Bhadaipura.

(3.) THE prosecution in order to prove its case produced as many as eight witnesses. PW1 Dr. T.C. Pant, conducted autopsy on the dead body of Lekhraj. Both PW2 Ram Bharose, father of the deceased Lekhraj and PW3 Ramai, cousin brother of Ram Bharose, are the eye witness. PW4 Dr. A.K. Rana, medico -legally examined the injured and prepared MLR exhibit Ka -3 at 7.45 p.m. on the date of occurrence itself. PW5 Constable Chandra Singh, scribed the panchayatnama on the dictation of PW6 SI K.P. Sharma. PW7 Yagya Pal Singh Solanki remained the investigating officer only on 08.09.1991 and thereafter, investigation was handed over to PW8 SSI Gajendra Singh Rautela, from 09.09.1991 to 03.11.1991 i.e. till the date on which challan was presented under Section 173 Code of Criminal Procedure in the court.