RAM SINGH Vs. STATE

JUDGEMENT

(1.) Ram Singh has preferred this appeal against his conviction and sentence under Section 302 read with Section 34, I.P.C. to life imprisonment, passed by Sri O. P. Jain, V Addl. Sessions Judge, Mainpuri on 19-4-1984.

(2.) The appellant Ram Singh, co-accused Gajendra Singh as well as deceased Ram Swaroop were residents of Village Sultanpur, P. S. Bewar, District Mainpuri. According to the prosecution a month prior to the occurrence Ram Singh - appellant and his nephew Gajendra Singh had taken forcibly water of the tube-well in their field through the field of Ram Swaroop, the deceased, and on latter's protests they had threatened him with dire consequences. The occurrence in question had taken place on 23-12-1982 at about 7 p.m. when the deceased had already finished his evening meals, while his wife Smt. Margsri (P.W. 2) was serving meals to the two sons of the deceased. A kerosene Dibbi was burning nearby. Ram Singh appellant along with co-accused Gajendra Singh and two others arrived there. Ram Singh had a gun while Gajendra Singh had a country made pistol with him. The other two were also arrived Gajendra Singh exhorted his uncle Ram Singh "CHACHA KYA DEKHTE HO, MARO SAALE KO GOLI AUR PANI NA NIKALNE KA MAZA CHAKHA DO". Thereupon both the assailants fired with their arms in spite of all prostrations by Smt. Margsri and her sons. Ram Swaroop died on the spot. After hearing the alarm, witnesses from the nearby houses arrived. The assailants, however, managed to make good their escape. Both the assailants had been clearly recognised in the light of the kerosene Dibbi. Written Report (Ex. Ka 3) of the occurrence was submitted at P. S. Bewar on the following day at 8 a.m. on the basis of which case was registered and investigation followed. Post-mortem on the dead body was conducted on 25-12-1982 at 2.35 p.m. by Dr. A. K. Upadhyaya (P.W. 5) and noted as follows, vide post-mortem report (Ex. Ka 15). Deceased was aged about 40 years. Rigor mortis was present on both lower and upper extremities. No sign of decomposition was present. Ante Mortem injuries

(3.) Both Ram Singh and Gajendra Singh were charged and tried under Section 302 read with Section 34, I.P.C. to which they pleaded not guilty. To prove its case the prosecution in all examined five witnesses of whom P. W. 1 Ram Ladete Singh is the son and P.W. 2 Smt. Margsri is the wife of the deceased who gave an eye-witness account of the occurrence and fully corroborated the prosecution story stated above. P.W. 3 Head Constable Narendra Singh had received the written resort and prepared the chick report and registered the case in the General Diary. P.W. 4 S.O., A.P. Singh, the Investigating Officer deposed about the various steps taken by him in the course of investigation. He had found blood at the scene of the occurrence. Lastly P.W. 5 Dr. A. K. Upadhyaya proved the post-mortem report and its contents as stated above.