OMPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed against the order dated 21-3-1980 passed by the then Vth District and Sessions Judge, Budaun, by which, he convicted and sentenced appellant Ompal Singh to undergo rigorous imprisonment for life under Section 302, I.P.C. in Sessions Trial No. 444 of 1978.

(2.) Brief facts of the case are that, Ram Prakash lodged a report on 11-6-1978 at 18.10 p.m. at police station Bisauli District Budaun which was registered at crime No. 215 of 1978 under Section 307, I.P.C. that today on 11-6-1978 he had gone to F.C.I. Godown in village Ehroli in connection with the purchase of food grains. He was coming from F.C.I. godown along with Rishipal, Ravindra Pal Singh and Rambir Singh. At about 3.30 p.m. when they reached near culvert of the southern Tube Well of Laluwa Nagla, accused Ompal Singh armed with double barrel gun came by Yezdi Motor Cycle and stopped the Motor Cycle and fired on Rishipal with intention to kill him. Rishipal fell down after receiving the injuries and accused Ompal Singh ran away after leaving the Motor Cycle on the spot. They did not chase accused Ompal Singh due to fear. Ompal Singh has enmity with the injured Rishipal. Two or three years back at platform Dabtori, altercation took place between Omphal Singh and Rishipal in connection with the contract of liquor, in which, Ompal Singh received injuries. After some time in the incident of theft in the shop of injured Rishipal, Ompal Singh was named by Rishipal thus Ompal Singh had strong motive to kill Rishipal. Three or four days prior to this incident, Ompal surrounded Rishipal with intention to kill him.

(3.) Ram Prakash and others carried Rishipal by a bullock cart to Davtra. Report in writing was prepared by Ram Prakash then he proceeded to police station Bisauli. Ram Prakash reached the police station Bisauli on 11-6-1978 at 6.10 p.m. and lodged the written report. Head Constable Irshad Ahmad Kan prepared the F.I.R. (Ex. Ka.4) and entry was made in the G.D. Clothes of injured Rishipal were taken into custody and memo was prepared.