GAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Aggrieved with his conviction and sentence appellant-Gajendra Singh has preferred this appeal against the judgment and order dated 6-1-1981 passed by Sri Bhagwandin, the then learned 4th Additional Sessions Judge, Hamirpur convicting the appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution story, briefly narrated, was that appellant-Gajendra Singh and deceased-Ram Bahadur were residents of village Deogaon. P. S. Sumerpur, District Hamirpur, About three years before the occurrence of this case, Mahipat Singh father of appellant was murdered. Ram Bahadur -deceased and his brother Chandra Bhan Singh (P.W. 1), Vijai Bahadur, Raghu Nath Singh and others were accused in the said case. At the time of occurrence of this case the said murder case was pending in the Court of Session. Smt. Roop Rani, mother of appellant, had contested election of Pradhan against Ram Bahadur-deceased. Ram Bahadur deceased won the said election. Smt. Roop Rani filed Election Petition but the same was also dismissed. On account of above incidents there was strong enmity between the appellant and the deceased.

(3.) On the afternoon of 16-10-1978 Ram Bahadur-deceased had gone to grocery shop of Ram Sajeewan (P.W. 8) along with his daughter Km. Arundhati (P.W. 2) for purchasing vegetable. Directing Ram Sajeewan (P.W. 8) to give two Kgs. Potato to Km. Arundhati (P.W. 2) Ram Bahadur-deceased sat on a Charpai in southern room beside the shop of Ram Sajeewan (P.W. 8). Ram Naresh, Mangali and Madan Singh (P.W. 3) were also present at the shop of Ram Sajeewan. At about 1.00 p.m. appellant- Gajendra Singh came to the shop of Ram Sajeewan with a country-made pistol and fired upon Ram Bahadur-deceased who sustained injury, tried to run but fell down in the room. Km. Arundhati (P.W. 2) raised alarm. Chandra Bhan (P.W. 1) heard sound of fire at his house and rushed to the spot. He observed appellant running from the spot with a country-made pistol. He came to the deceased and found him lying in injured condition. He arranged a bullock cart and with the help of other villagers was taking the deceased to hospital. In the way near village Shokhar the deceased succumbed to his injuries. On the basis of information collected from the witnesses, Chandra Bhan Singh (P.W. 1) got prepared report (Ext. Ka-1) of the occurrence from one Devi Singh at police station Sumerpur and lodged the same at police station at 2.45 p.m. Chik F.I.R. (Ext. Ka-2) was prepared by Head Constable Himmat Singh who made an endorsement of the same at G.D. report (Ext. Ka-3) and registered a case under Section 302, I.P.C. against the appellant.