OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal from the judgment and order of Sri Harish Chandra Saxena. VI Additional Sessions Judge, Meerut by which he convicted the appellant (Om Prakash) under Section 302, I.P.C. and sentenced him to imprisonment for life.

(2.) The person who lost his life in this case was one Virendra Singh son of Niranjan Singh (P. W. 5). On the morning of 18-6-1975, Virendra Singh borrowed the hose-pipe of the appellant and started irrigating his sugarcane field from the tube well of one Sukhbir Singh. It is said that at about 11 A.M. appellant's son Kushal Pal asked Virendra Singh to give back his hose-pipe as he also needed it for irrigating his field Virendra Singh told him that he will not return the hose-pipe as he was busy irrigating his sugarcane field. He promised to return it later. Kushal Pal, however, insisted on taking back his hose-pipe at that very time. This led to an exchange of hot words followed by a scuffle between them. Kushal Pal then left the place threatening Virendra Singh with dire consequences. After some time Kushal Pal returned to the tube well accompanied by the appellant. The appellant immediately put off the engine and asked his son to disconnect the hosepipe. Kushal Pal did as was directed by his father. Virendra Singh again tried to come in the way of Kushal Pal when it is alleged that the appellant took out a country made pistol and fired twice at Virendra Singh. Virendra Singh died then and there. Virendra Singh's sister Raj-bala (P.W. 2) was there and when she tried to intervene she too was beaten. There was a hue and cry and then the appellant had his son took to their heels,

(3.) Rajbala (P. W. 2) returned to her house and informed her father Niranjan Singh about the incident. Niranjan Singh got a report written out by one Vijaipal Singh and armed with that report he went to the police station where he lodged it at 12.35 P. M. On the basis of that report a case was registered against the appellant and his son Kushal Pal. S. I. Narottam Singh (P. W. 7) was pre sent at the police station and he immediately took charge of the investigation. He recorded the statement of Niranjan Singh at the police station and then went to the spot. He first held an inquest on the dead body of Virendra Singh and then sent it duly sealed to Mortuary for post-mortem examination. Having done that he recorded the statement of the material witnesses, inspected the locality and drew the site plan (Ex. Ka-7).