RAMESH Vs. STATE

JUDGEMENT

(1.) RAMESH has come up in appeal against the judgment of II Additional Sessions Judge, Bulandshahar dated 31st of March, 1980 convicting him for an offence punishable under Section 302 CPC and sentencing him to imprisonment for life.

(2.) ACCORDING to the prosecution, crime case No. 17/55 of 1979 under section 396 IPC had been registered at police out-post Ramghat, against Ramesh and several others. On 6th of May, 1979 at about 3.30 P. M. a police party headed by Sub- Inspector Harish Chandra Singh (PW 1) and, consisting of himself, head constable Omvir Singh, constables Dharampal, Virendra, Ratan Singh (deceased) and Horam, left the out-post in search of persons accused in crime case no. 17/55 of 1979. The police party reached the crossing near the house of Ramesh in village Jatni Nagala at about 4.15 p. m. On seeing the police party, Ramesh came out of his house carrying a gun and with a view to evade his arrest he ran towards the south. While Sub-Inspector Harish Chandra Singh and constables Virendra Singh and Ratan Singh chased Ramesh by running towards south-west Head Constable Omvir Singh and constable Dharampal Singh chased him by running on the rasta which lay towards the west of Ramesh's house. As constable Ratan Singh was about to overtake and apprehend Ramesh, Ramesh turned round and fired a gunshot at Ratan Singh, who, on receiving serious gunshot injury on his right thigh, fell down at the spot. Thereafter Ramesh succeeded in making good his escape. The said incident was, apart from members of the police party, also witnessed by the villagers, namely, Ganga Prasad and Satish Chandra.

(3.) THE case was investigated by Station Officer, Narora, Sri R. P. Bakshi, who, after completing the investigation, submitted a charge-sheet against Ramesh and Ramesh was prosecuted and tried for committing an offence under section 302 IPC.