JWALA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) The main question involved in this criminal appeal is, 'Whether the prosecution case is consistent with the injuries and the medical evidence. THE FACTS

(2.) An incident happened on 27.9.1981 at 7:00am, in which one Ram Bharose (the Deceased) was killed. His uterine brother Govind (the Informant) lodged the FIR on the same day at about 9.30am (Case crime No. 278 of 1981 at police station Bisalpur, district Pilibhit). He accused Jwala Prasad and his son Mohan Lal (both of them are referred to as the Accused) for the crime.

(3.) The allegations in the FIR are: There is a dispute between the Deceased and the Accused over a Parnate; On 27.9.1981, at about 7:00am abuses were exchanged between the wives of the Deceased and the accused Mohan Lal. The others also joined in; Jwala Prasad asked his son Mohan Lal to bring the firearm and kill the Deceased. Mohan Lal went to his house to bring the firearm; In the meantime, the Deceased ran. Jwala Prasad followed him with lathi. The Informant and Munshi Lal also followed them trying to stop Jwala Prasad; When the Deceased reached the passage (Gali) between the house of Bahadur and Chokhe, he saw Mohan Lai standing with Eknali Bandook (***) (single barrel breach loading shotgun) (the SBBL shotgun) on the Khapta (roof) of Bhogi Ram; Mohan Lal fired the shot on the exhortation of Jwala Prasad; The Deceased turned back, went some paces, but fell and died in front of the house of Chhote Lal; The incident was also seen by Bhogi Ram, Dalchand, and Babu Ram who were smoking Chilam in front of Bhogi Ram's Khapta; The accused are present on their roof top and are surrounded by the villagers. Immediate action be taken on the spot.