LAWS(ALL)-1990-7-5

STATE OF U P Vs. RAM DAS

Decided On July 12, 1990
STATE OF UTTAR PRADESH Appellant
V/S
RAM DAS Respondents

JUDGEMENT

(1.) This is a Government Appeal against the judgment of the IV Additional Sessions Judge, Etah acquitting Ram Dass accused, who was sent for his trial for an offence u/S. 307 IPC. According to the prosecution case, Ram Dass accused on 25-6-1975 at about 5-30 a.m. in village Kadarpur, a hamlet of village Kuramai, police station Kasganj, district Etah attempted to commit murder of Udaivir Singh by shooting at him by means of a country made pistol. Udaivir Singh lodged the First information Report and is also injured. He is a resident of village Kadarpur, a hamlet of village Kuramai, police station Kashganj, district Etah. Accused Ram Dass is a resident of the said village and said to have been a cousin of Udaivir Singh. Ram Gopal is the uncle, Smt. Ram Kuer is the mother, Smt. Sheela Devi is the sister and Smt. Kusum Devi is the niece of Udaivir Singh. These ladies were also residing with Udaivir Singh at the time of occurrence. Ram Gopal was posted as a constable in the district of Aligarh and had come on leave in the said village at the time of occurrence. Ram Chandra is also a Khandhani uncle of Udaivir Singh and was posted as a constable at Mainpuri. He was also present in the village at the time of the occurrence.

(2.) It will be relevant to point out that on account of the use of fire arm by Ram Dass accused, Udaivir Singh, Ram Gopal, Smt. Sheela Devi, Smt. Ram Kuer and Smt. Kusum Devi received pellet injuries. According to the prosecution, accused Ram Dass and his brother Deputy Singh were constructing a wall by the side of the house of Udaivir Singh on his vacant land on the date and time of the occurrence. They had dug the alleged foundation adjoining the said house of Udaivir Singh in order to take possession of the said land. Udaivir Singh protested, but the accused did not pay any attention to his protest. This happened at about 5-30 a.m. Accused Ram Dass ran to his house and came with a country made pistol and fired at Udaivir Singh with the intention of murdering him. Smt. Ram Kuer, Smt. Kusum Devi, Smt. Sheela Devi and Ram Gopal, who were family members of Udaivir Singh, came on the spot and also sustained injuries besides Udaivir Singh by the alleged act of firing of the accused. According to the First Information Report, this occurrence was seen by the villagers Soran Singh, Jagdish, Madan Lal and Gajraj Singh. Udaivir Singh got a report of the occurrence scribed by Ram Chandra and came to the police station with the injured persons and Ram Chandra and Shiv Prasad of his village. He lodged the said written report at police station Kasganj at 7-30 a. m. The police registered a case u/S. 307 I.P.C. on the basis of the First Information Report lodged by Udaivir Singh.

(3.) Head constable Kailash Chandra, P.W. 2 scribed the chik Report, Ext. Ka-6 on the basis of the written report of Udaivir Singh. The injured persons were sent to the Medical Officer, Kasganj for medical examination. Dr. Harish ChandraYadav examined their injuries on 25-6-1975 and prepared reports Exts. Ka-1 to Ka-5. The case was initially investigated by Sri Vijai Kumar Singh, S. I. (P.W. 8). He went on the spot, made local inspection and took statements of eye witnesses of the case including Jagdish, Madan Lal and Gajraj Singh. Thereafter, he had gone for training. Sri Ramsingh, Sub-Inspector then completed the investigation and submitted the charge-sheet. Accused Ram Dass was charged u/S. 307 I.P.C. He pleaded not guilty and was tried.