RAM NARESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Ram Naresh was convicted and sentenced to imprisonment for life under section 302, I.P.C. by Sixth Additional Sessions Judge, Etah, Aggrieved by this order, Ram Naresh has preferred the present appeal.

(2.) The prosecution case was that Shanker Lal (deceased) was a police constable. He was posted at Police-Station Khairagdam, district Mainpuri. On the date of his murder, he had come to his village Kurra. At about 10.00 a.m. on 14th January, 1978, Lala Ram, Pradhan of the village (P.W.2), had asked Ram Naresh to make arrangement for the flow of water of his drain as it was spreading in the passage and causing nuisance. Shanker Lal also arrived at the place. He also supported Lala Ram and stated that Lala Ram was stating correct facts and Ram Naresh would have to make adequate arrangement for the flow of his drain water or stop it altogether. Ram Naresh became infuriated and stated that Shanker Lal was taking too much side of Lala Ram Pradhan and he would teach him a lesson one day. Thereupon, Lala Ram told Ram Naresh in presence of Han Om and Laturi that he would take adequate legal action against Ram Naresh.

(3.) Same evening i.e. at about 7.00 p.m. on 14-1-1976, Lala Ram, Rakshpal and Shanker Lal were warming themselves around a fire burning in front of the house of Lala Ram Pradhan. Another fire was burning in front of the Chaupal of Ram Chantra, and Jagdish Prasad, Ram Sewak and Ram Naresh were warming around the fire, Shanker Lal got up from the fire burning in front of the house of Lala Ram along with Surendra. Surendra and Shanker Lal proceeded towards their house. As they passed by .the side of fire burning in front of Chaupal of Ram Chandra, Ram Naresh also got up and followed them from behind. As soon as all the three had gone a little distance, a firearm shot was heard. Jagdish and Ram Sewak got up. Surendra raised an alarm stating that Ram Naresh had fired his country made pistol toward Shanker Lal. Ram Naresh was seen running towards these witnesses. Seeing these two persons, he turned towards south and ran way towards Nagla of Haburan. The witnesses chased Ram Naresh for some distance, but they could not catch him on account of fear of country-made pistol. It was stated that there was ample moon light and they had recognized Ram Naresh in this light. When they returned back, they found Shanker Lal lying on the ground. Bullet had passed through his body.