BHUPAT Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Sessions Trial Nos. 181 of 1979 and 197 of 1979 had been conjoined together and decided by a common judgment dated 7th December, 1981 by Sri D. K. Agarwal, the then I Additional Sessions Judge, Banda. In Sessions Trial No. 181 of 1979 Bhupat and Nakatiya alias Babo were tried. The charges against Bhupat were under Sections 302, 307 and 323 read with Section 34 IPC as well as under Sections 25 and 27 of the Indian Arms Act. Nakatiya @ Babo was tried with him for the charges under Sections 323, 307 IPC read with Section 34 IPC and under Section 302 read with Section 34 IPC. Smt. Nakatiya was acquitted but Bhupat was convicted under Section 302 IPC and under Section 27 of the Indian Arms Act. He was sentenced to life imprisonment under Section 302 IPC and two years' rigorous imprisonment under Section 27 of the Indian Arms Act.

(2.) MURDER of one Lachhmaniya was committed in this incident which occurred on 12th October, 1978 at about 11 a. m. near minor canal in village Dikhitwara, P. S. Atarra, district Banda. The murder of one Jagdish was also attempted but simple injury was caused to him and Bhupat was found to have an illicit arm for unlawful purpose. The two accused belonged to village Malhotra, Police Station Atarra, district Banda. Though Nakatiya was a married lady but she had illicit relations with Bhupat. There was some dispute between Nakatiya and Jagdish son of Ram Das. Jagdish left the village for lodging the FIR at the Police Station against her. Nakatiya with her paramour Bhupat followed him. On reaching the minor canal in village Dikhitwara, Nakatiya began to assault Jagdish with Danda which she carried and instigated Bhupat to shoot him down. Bhupat, who carried a pistol fired at Jagdish son of Ram Das. The shot did not hit him. At about the same time, Lachhmaniya with some other ladies was going to visit a relation who had delivered a child. Her cousin brother Jagdish Prasad Brahman was also present nearby. They were attracted on hearing the sound of shot. Two constables namely, Hori Lal and Raghuveer Singh who were on patrol duty nearby were also attracted to the scene. They tried to apprehend Bhupat but he opened fire on them which hit Lachhmaniya, an unconcerned lady. Bhupat and Nakatiya were thereafter apprehended at the spot and taken to the Police Station Atarra along with both the injured. Jagdish cousin of Lachhmaniya lodged the report, on the basis of which a case was registered. Constable Hori Lal lodged an oral report against Bhupat under Sections 25 and 27 of the Arms Act on the basis of which another chick report was prepared. Lachhmaniya and Jagdish son of Ram Das were sent for medical examination and their injuries were examined by Dr. Krishna Gopal Vaishya, PW-5. Lachhmaniya was referred to District Hospital Banda, where she died on 14th October, 1978. On the conclusion of the investigation, both the accused were charge-sheeted. It would be relevant to state here that the following injuries were found on the person of Lachhmaniya on 12th October, 1978 at 12. 45 p. m. at the time of her medical examination : (1) Gunshot wound 1 cm x 0. 5 cm x 0. 2 cm (Probe easily enters into wound) at left side on jaw (mandible) 5. 5 cm below left ear. No staining. Advised X-ray. (2) Gunshot wound 1 cm x 0. 8 cm x 1. 5 cm (Probe easily enters into wound) on left side abdomen, epigastrium region, 2 cm below lower border left Breast. Advised X-ray. Staining around wound was present. (3) Gunshot wound 1. 2 cm x 0. 5 cm x 1 cm (Probe easily enters into wound) on left side abdomen 2 cm below injury No. 2. X-ray advised. Staining of skin present. (4) Gunshot wound 1 cm x 0. 5 cm x 1 cm on left side abdomen in hypochondirum, staining of skin present, 3. cm away from injury No. 3. X-ray was advised. (5) Gunshot wound 0. 5 cm x 0. 2 cm x skin deep on left side chest just below lower margin of Lt. breast. (6) Gunshot wound 0. 8 cm x 0. 5 cm x 3 cm (Probe easily enters into wound) on left upper arm middle portion outer side, staining of skin present. X-ray was advised. (7) Gunshot wound 1. 2 cm x 0. 3 cm muscle deep (Probe easily enters into wound) on the back of left hand in between left of middle and ring finger. Staining present. (8) Exit wound of injury No. 7, 0. 4 cm x 0. 2 cm muscle deep, connected with injury No. 7 at palm of left hand in between ring and middle finger. (9) Gunshot wound 1 cm x 1 cm x 3 cm (Probe easily enters into wound) downwards, on front of left thigh. Upper 1/3 staining present.

(3.) THE aforesaid three injuries were caused by blunt object and were simple.