BABOO RAM JATAV Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal by the accused Baboo Ram Jatav against the judgment and order dated 21 -1 -2003 passed by Sri S.K. Raturi, the then Sessions Judge, Udham Singh Nagar, by which the appellant has been convicted for an offence of murder and sentenced to undergo rigorous imprisonment for life on the allegation that on 16 -3 -2000 at about 7040 p.m., he committed the murder of one Balwant Singh by causing injury by fire arm near Gaushala turn towards Pratappur, P.S. Kashipur, district Udham Singh Nagar. The appellant has been acquitted by the trial court under section 25 Arms Act.

(2.) THE prosecution story, in brief, is that 5.1. D.K. Tiwari (P.W.1) was on patrol duty along with constables Gauri Shah and Pramod Kumar on 16 -3 -2000. When he reached Gaushala turn towards Pratappur about 150 yards at 7040 p.m. he saw a person in the head light of his motorcycle lying in injured condition on the left side of the road from whose back the blood was oozing. On asking, he told his name Balwant Singh son of Seeta Ram"¢ resident of Village Dhanori,P.S. Swar, district Rampur. According to the deceased his SADU (brother -in -law) Kesar was resident of his village. Nardev accused, brother of Kesar, had illicit relations with his wife. Nardev has got his wife separated. Nardev accused had engaged the appellant Baboo Ram Jatav of his village for the murder of Balwant Singh. Due to the fear he left his village and was living in Gaushala Village. On the date of occurrence, he was returning from the market of Partappur after purchasing the vegetables. After sometime, in the way, the appellant Baboo Ram Jatav met him. The deceased seeing Baboo Ram Jatav after taking turn back he fired on the back of the deceased. Seeing the serious condition of the deceased, he was sent to Government Hospital, Kashipur by Constables Gauri Shah and Pramod Kumar Singh through the truck and seeing the seriousness of the deceased, S.I. O.K. Tiwari (PW 1) submitted report to the S.D.M. Kashipur for recording dying declaration.

(3.) THE matter was reported at P.S. Kashipur at 8.30 p.m. on the same day by S.I. O.K. Tiwari (PW1). The chik F.I.R. is Ex. Ka 1. The crime was registered. The investigation was entrusted to S.S.1. Brijesh Kumar Tyagi (PW11).