KRISHNA RAJ Vs. STATE

JUDGEMENT

(1.) This appeal was filed by appellant Krishna Raj against his conviction under S. 302, I.P.C. and the sentence of life imprisonment.

(2.) Brief facts of the case are that the informant Raj Narain and his brother Ram Nath alias Terhai were residents of village Kadipur, P.S. Jalalpur, district Jaunpur. The informant Raj Narain had a shop in Jafrabad market whereas his brother had a shop in the market at Sarkoni. At about 5.00 P.M. the informant came to the shop of his brother to help him. They are blacksmiths and were engaged in making utensils. In the meantime one of his relation Pyare Lal also came there. At about 7.30 P.M. they along with deceased Ram Nath alias Terhai and his wife were coming to their house i.e. village Kadipur. His brother Ram Nath had a cycle. They were covering the distance on foot. When they reached near the Sarmoni Railway Station, its western cabin, on the road, Krishna Raj, appellant, Daya Ram, Ram Murat and Samarjeet, son of Jagpat T.T.E. accosted them. Samarjeet, Daya Ram and Ujjar Singh made the informant, Pyare Lal and wife of the deceased to sit on the road. They also hurled abuses on them and yelled that you people are harassing the villagers. Krishna Raj fired a shot on deceased Ram Nath alias Terhai. He fell down with his cycle. Krishna Raj loaded his pistol and fired again a shot on his head. As a consequence of that the brain matter spilled all around. They raised alarm after the departure of the accused persons. The cabinman, watchman and one Sabhajeet son of Kallu Yadav reached the spot. Many people too had arrived at the scene of occurrence. On account of past enmity, Krishna Raj committed this murder. Later on a report was lodge at about 9.30 P.M. at P.S. Jalalpur. The distance between the place of occurrence and police station is about 4 Kms.

(3.) After the submission of the charge-sheet under S. 302, I.P.C., the appellant Krishna Raj was put up for trial under S.302, I.P.C. simpliciter. Other accused persons were tried under S. 302/34, I.P.C. Three of the appellants Ram Murat, Daya Ram and Amarjeet were acquitted by the trial Court. No Government appeal was preferred against their acquittal. Krishna Raj, however, was convicted and sentenced as stated above. The appellant has denied his participation in the incident and claimed that he had been falsely nominated in the case because of enmity and the fact that the deceased was a MUKHBIR (informer) of the police.