RAM KRIPAL ALIAS KALLU Vs. STATE OF UP

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 30.4.1982 passed by the 3rd Addl. Sessions Judge, Fatehpur in S.T. No. 571 of 1980, State v. Ram Kripal @ Kallu, whereby the appellant Ram Kripal @ Kallu was convicted under Section 307/34 IPC and sentenced to undergo R.I. for three years. The main accused Ram Raj died during the course of trial in a police encounter on 26.2.1982.

(2.) The incident took place in the night of 30/31-7-1974 at about mid-night at the tube-well of complainant Sankata (P.W. 3). The FIR was lodged on 31.7.1974 at 2 a.m. at P.S. Ghazipur, District- Fatehpur. The distance of police station from the place of occurrence is one mile.

(3.) In brief, the prosecution case as contained in the FIR is that on the fateful night, the complainant Sankata (P.W. 3) and Sukh Nandan (P.W. 2) was sleeping at the roof of tube-well of the complainant. At about mid night, accused Ram Raj and Ram Kripal @ Kallu came on the roof. Ram Raj fired at Sankata with intention to kill and caused injuries. On alarm being raised, Bhagwant Raj, Sheetal, Ram Asray (P.W. 1) and others came running and the accused persons ran away towards the east. Sankata got the FIR scribed by Bhagwant Raj and gave it at the police station. On the basis of FIR Ex. Ka-6, case crime No. 191 of 1974 under Section 307 IPC was registered at the police station against Ram Raj and the appellant. The injured was sent for medical examination. Investigation was taken over by Station Officer. The Investigating Officer interrogated the witnesses, inspected the spot, prepared site-plan and after completing the investigation, submitted charge-sheet against both the accused.