NAR SINGH Vs. STATE

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellant against the judgment and order dated 17.5.2000 passed by the learned Sessions Judge, Shahjahanpur in S.T. No. 294 of 1999 whereby the appellant has been convicted for life imprisonment under Section 302 I.P.C. and was acquitted of the charge under Section 25 of the Arms Act.

(2.) Briefly the facts as disclosed by the prosecution were that the appellant's wall had fallen into the agricultural plot of Radhey Shyam who is the cousin of the complainant Asha Ram two days before the occurrence. Radhey Shyam had asked the appellant to remove the earth of the collapsed wall from his plot for ploughing his own field but the appellant refused to remove the earth and threatened him with dire consequences. On 18.9.1998 at about 6.30 P.M. Radhey Shyam (the deceased) was coming towards his house from his field. The complainant Asha Ram and co-villagers Mor Pal and Hardwari were also accompanying and as his brother reached in front of the house of Nar Singh appellant he stopped him and told him that he would teach him a lesson for removing the earth and he would not be spared alive and immediately thereafter he fired from his gun at Radhey Shyam, on account of which he sustained injury over his abdomen and died at the spot. Having heard the hue and cry the villagers reached there and exhorted the appellant, at this he ran way towards the east from the place of occurrence. The report of this incident was scribed by one Jugender Pal and the same was lodged on 19.9.1998 at 3 A.M., which was registered as case Crime No. 123 of 1998, under Section 302 I.P.C. at P.S. Jaitipur. After the case was registered the police proceeded to the spot. The dead body was recovered and the inquest was done and the dead body was sent for post mortem. The post mortem of the deceased was conducted on 19.9.1998 at 5.45 P.M. by Dr. Yogesh Kaul. The Investigating Officer interrogated the eye witnesses of the occurrence and recorded their statements, prepared the site plan and after completion of investigation the charge sheet was submitted against the accused/appellant. The accused/appellant surrendered before the concerned Magistrate and was taken on remand by the police and at his instance on 16.10.1998 a twelve bore gun and a live cartridge were recovered from the paddy field, which was lying under the bushes and on the basis of the recovery a case was also registered against him under Section 25 of the Arms Act. The investigation of the case was conducted by Mahendra Pal Singh who had submitted the charge sheet against him.

(3.) The charges were framed under Section 302 I.P.C. and under Section 25 of the Arms Act to which the accused/appellant pleaded not guilty and stated that he has been falsely implicated and in defence he got examined Durga Prasad D.W. 1 and Usman Raza as D.W.2. Before the trial court the prosecution examined nine witnesses in support of its case. Asha Ram who is the complainant and cousin of the deceased and was also an eye witness of the occurrence was examined as P.W. 1. Hardwari who is also named in the first information report and was also an eye witness of the occurrence and had supported the prosecution case as an independent witness was examined as P.W. 2. The formal witnesses as examined by the prosecution were Dr. Yogesh Kaul P.W.3 who had conducted the post mortem of the deceased Radhey Shyam at about 5.45 P.M. on 19.9.1998 and prepared the post mortem report Ex. Ka. 2 on following anti mortem injuries.