JHURI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed by Jhuri against his conviction under Section 302/34 IPC., 324 IPC. and 25 Arms Act and sentence of imprisonment for life, six Sessions Judge, Fatehpur on 8/5/1978 in Sessions trial No. 401 of 1977.

(2.) The charge against the appellant was that on 18/7/1977 at about 8.30 P.M. he was found in possession of a country made pistol near the shop of Ghurai deceased in maholla-Zaidoon, police- station kotwali Fatehpur and thus he committed an offence punishable under section 25, of the Arms Act, further charge was that he with the common intention to cause the death of Ghurai fired from the said country made pistol when two co-accused had also fired at him and, therefore, he committed an offence punishable under Section 302/34 IPC., the last charge was that when Head- constable Devi Charan tried to arrest him along with others, the appellant caused hurt by teeth- bite thereby committed an offence punishable under Section 324 IPC.

(3.) The- prosecution case is that Ghurai deceased belonged to village Dubaki under police-station Malwan where the house of Thakur Jagroop Singh was looted in 1974 in which his son Phool Singh was killed and GhuraiT was nominated in the F.I.R. as an accused by Jagroop Singh. In the trial Ghurai was acquitted thereby giving rise to great animosity and Jagroop Singh was bent upon taking revenge from Ghurai so much so that they did not permit the widow of Phool Singh to put off glass bangles until the revenge was taken. As a result of the fear emanating from the aforesaid conduct of Jagroop Singh, Ghurai deceased had left the village and had established a milk shop in Mohalla-Zaidoon in Fatehpur city. Further case of the prosecution is that on 18/7/1977 at about 8.30 P.M: when Ghurai deceased was dying his business and his son P. W. 1 Mende Lal (Informant) and his sister were inside the shop they saw three persons one of whom said to Ghurai that this was his last day and then all the three fired at Ghurai. The pistol of one did not hit while Ghurai was badly injured by firing of the two. He tried to catch assailants but fell down on the Chabutra. His next door neighbour P.W. 3 Ausad Ali and a witness of the village P.W.4 Mohd. Maroof also saw the incident and they gave a chase. P.W. 2 Devi Charan, Head constable alongwith other constables was on patrol duty who had rushed towards the scene of occurrence on firing the gun fires and they also gave the chase and succeeded in arresting the appellant. Devi Charain. Head- Constable was given teeth-bite by the appellant on his wrist but he could not get out of the clutches. After the arrest the appellant gave the names of his associates as Arjun alias Kulhar Kahar and Lala. A country-made pisto containing an empty cartridge and two other live cartridges were recovered from the possession of the appellant. The informant and the other witnesses took the appellant to the police-station but on the way Ghurai deceased died. Mendetal dictated an F.I.R. which was taken down at 9P.M. by P.W. 7Raj Dec Singh. Head-Moharrir. He also took bloodstained Bushirt of the appellant apart from the other articles and made necessary endorsement in the general diary as well as made memoranda thereof. P.W. 2 Devi Charan was sent for medical examination vide Chitthi Mazroobi Ext. ka5A. Blood-stained Baniyan of the deceased was also taken into possession.