RAN VIJAI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374(2) of Cr.P.C. has been preferred by accused-appellant Ran Vijay Singh against judgment and order dated 27.04.1984 passed by Sri Harish Chandra Saxena, Sessions Judge, Mainpuri in Sessions Trial No. 511 of 1982, convicting and sentencing appellant to undergo life imprisonment under Section 302 IPC.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as 'FIR') as well as evidence available on record may be stated as under:

(3.) A written report Ext. Ka-1 was presented at police station Kotwali, District Mainpuri by P.W.1 (Informant) Shiv Manal Singh, stating that on 11.09.1982 'SHRADH' ceremony of Informant's father Raghubir was scheduled to be held. In that connection Informant's brother, an official in Mathura Police Office, had also come. On 10.09.1982, at about 7.00 pm, accused-appellant came in drunken state and started hurling abuses. When Informant's brother objected to it, an altercation took place and co-accused Ram Pal Singh threatened to settle the score. On the fateful day i.e. 11.09.1982, when Informant along with his brother Shiv Raj Singh, Shiv Narain Singh, Shiv Pratap Singh and sister Meena Kumari, were engaged in ceremonial work pertaining to Shradh ceremony of their father. At about 9.00 am, Ran Vijay Singh (appellant herein) and co-accused Ram Pal Singh, reached there, armed with firearms. Ram Pal Singh held country made pistol whereas Ran Vijay Singh had licensed DBBL Gun. They started abusing Shiv Raj Singh, whereupon Shiv Raj Singh came out of his house and protested against their conduct. In the meantime, Informant, his other brothers, Shiv Narain Singh, Shiv Pratap Singh and sister Meena Kumari, his brother's wife P.W.2 Ramesh Kumari, also came out of the house and with folded hands requested appellant and co-accused not to misbehave and hurl abuses. In the meantime, P.W.3 Rajendra Singh son of Pancham Singh, Rajendra Singh son of Natthu Singh and several other persons of the vicinity reached there. Wife of Ram Pal Singh also reached there and tried to drag her husband Ram Pal Singh towards their house, but Ram Pal Singh pushed her and she fell down on the platform (Chabutara). Ran Vijay Singh, then went on the roof and suddenly opened fire, which hit Informants brother Shiv Raj Singh, who fell down on the ground and co-accused Ran Pal Singh also opened fire from his country made pistol, which hit at the hands of Informant and also injured his sister Meena Kumari, who was standing beside him. On being exhorted by witnesses assembled there, accused persons went inside their house. Informant and other persons took Shiv Raj Singh in injured condition to District Hospital, Mainpuri in a Jeep, where he died at 10.00 am. FIR also states that Informant and his sister Meena Kumari had also sustained injuries of pellets.