HEMANT KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant Hemant Kumar has preferred this appeal against his conviction and sentence u/S. 302, IPC to life imprisonment for having committed the murder of Constable Ram Kishan Yadav with a service musket on the tea shop of Dinesh Chandra near Paniyali Forest Barrier within the police station Kotdwara on 18-4-85 at about 12 in the noon

(2.) The facts of the case, in brief, according to the prosecution are that on 17-4-85 at about 7-30 p.m. this appellant had taken one Smt. Saroj, a young woman of about 26 years, and requested Constable Ram Kishan Yadav deceased to spare a room in the Home Guard out post for night stay along with that woman. Ram Kishan Yadav had taken both of them in the room and had told the Home Guard Behari Lal to bolt the room from outside. Thereafter Ram Kishan shouted that he would make a complaint and report the matter at the Police Station and also slapped the woman Smt. Saroj. Thereafter Hemant Kumar intervened and Ram Kishan obtained a written letter from Hemant Kumar that he had sexual inter course with that woman with her consent and thereafter Ram Kishan raped the woman in the presence of Hemant Kumar in spite of latter's remonstrations. Subsequently Hemant Kumar threatened Ram Kishan Yadav that he would teach a lesson for insulting that woman and left. It is said that on the following day, i.e. on 18-4-85, when Constable Bhim Singh was on guard duty at police station Kotdwar and on feeling pain in his stomach he desired to be relieved of his duty at 11-30 a.m. this appellant Hemant Kumar was deputed to relieve Bhim Singh and thus Hemant Kumar got the service musket and cartridges from Constable Bhim Singh. Thereafter Hemant Kumar along with the musket reached the shop of Dinesh Chandra where Constable Ram Kishan Yadav was there and fired shots with that musket as a result of which he died on the spot. The appellant thereafter along with the musket appeared in the court of the Chief Judicial Magistrate, Pauri, who was camping at Kotdwar at a short distance from Paniyali Forest Barrier and volunteered the information that he had committed the murder of a Constable and surrendered himself with the service musket and cartridges. At the direction of the Chief Judicial Magistrate the Court Moharrir took the appellant in custody and thereafter the appellant was taken to police station Kotdwar.

(3.) The First Information report of the case was recorded at the dictation of Constable Inder Deo, Pairokar of Police Station Kotdwar, district Pauri, wherein he stated that the appellant had surrendered in the court of the Chief Judicial Magistrate with the service musket and cartridges in the presence of the Lawyers when proceedings were going on in the court and that he had made a confession in the court that he had killed a Constable on the tea shop and the Chief Judicial Magistrate had asked two Constables to escort the appellant.