KULWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgement and order passed by learned Sessions Judge, Nainital dated 20th May 1983 convicting the accused/ appellant Kulwant Singh u/s 302 I.P.C. and sentencing him to life imprisonment.

(2.) BRIEF facts of the prosecution case are that the accused/appellant Kulwant Singh (hereinafter called as appellant) was coming to his village on a tractor from the side of Gurudwara on 7th June 1982. When he reached near the house of Pooran Singh in village Milakhnazir at 7:30 a.m. then he heard that somebody had abused him. The appellant left his tractor in his house and came near the house of Pooran Singh. Deceased Ramrakshpal was standing over there and the appellant asked as to why he abused him and started beating him. The appellant, during the course of beating dragged Ramrakshpal deceased upto the cowshed belonging to Malkhan Singh. Mother of the deceased Ramrakshpal, Smt. Gangawati asked the appellant not to beat her son. The appellant left the place saying that he would see everyone.

(3.) AFTER sometime, the appellant again came from his house with a double barrel gun in his hand and he firstly shot at Ramrakshpal and then Smt. Gangawati causing their death.