RAM NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the conviction and sentence recorded by Sri Usha Kant Verma, the then IIIrd Addl. Sessions Judge, Kanpur in S.T. No. 8 of 1980 State v. Ram Narain Singh, whereby he having convicted the appellant-Ram Narain Singh S/o Ayodha Singh r/o village Fattepur Gohi P.S. Bidhuna District Kanpur of the charge under S. 302, I.P.C. has sentenced him to undergo imprisonment for life.

(2.) The appellant and the deceased are residents of village Fattepur Gohi, which lies within police station Bidhuna District Kanpur at a distance of 8 miles to the north-west of the Police Station. To the south of the house of the deceased there is 2-21/2 paces wide path way running from east to west. To the south-west of the house of the deceased after the said path way existed the house of one Toothi Chamar. The house of Toothi Chamar opened in his sahan to the west. There existed two cattle troughs adjacent to the south of the path way lying to the south of the house of the deceased. The two cattle troughs were at a distance of 5-6 feet from each other and the space between them was in the form of Chabutra having raised level.

(3.) With the aforesaid topographical situation, the prosecution case in short, was that on 27-10-1979 at about 6 p.m. an altercation took place between the deceased and Ram Narain Singh over some earthen wine ware which resulted in exchange of abuse from both the sides. While the wordy duel between the deceased and appellant was going on the deceased was present on the south-east corner of the roof of his house and the appellant at the Chabutra lying in between the two aforesaid cattle troughs to the south of the deceased's house. On hearing alarm the family members of the deceased including his brother Mangal Singh P.W. 1 and wife Smt. Sumitra Devi P.W. 2 also came on the roof of their house and stood by the side of the deceased. Some villagers including Jageshwar and Basdeo Singh (both not produced) were also attracted on the scene and they stood nearby the appellant. It is said that Mangal Singh P.W. 1 intervened in the quarrel and forbade his brother Ram Pratap Singh from abusing the appellant, but his persuasion went unheeded and the deceased continued hurling abuses on the appellant. In the meantime the appellant threatened the deceased to keep restraint on himself and suddenly fired hitting him on left side of his chest. The deceased on sustaining fire arm injury fell down on the roof of his house and died instantaneously. Overtaken by the sudden incident, the informant and his family members were gripped by grief and they started weeping. After about 2-21/2 hours or so when some of the sympathisers asked Mangal P.W. 1, the brother of the deceased to make a report of the incident to the police, he at about 8.30 p.m. set out for the police station in the company of one Anoop Singh (not produced). On his way to Police Station, he came across one Ghanshayam Tiwari (not produced), an acquaintance from whom he got scribed a written report of the incident on his dictation and on reaching at the police station made it over to Constable No. 724 Ram Asrey Singh, who on the basis of that written report prepared a chik F.I.R. and registered a case at Crime No. 280 under S. 302, I.P.C. against the appellant. The police of Police Station Bidhuna swung into action held inquest on the dead body and after completing other formalities, despatched the dead body through Constable Chandrika Prasad and Kaleemuddin (both not produced) for its postmortem examination, which was conducted by Dr. A. B. L. Gupta, then posted as Medical Officer in E.S.T. Dispensary Gawaltoli Kanpur at 4.30 p.m. on 28-10-1979. According to Dr. Gupta P.W. 4 deceased was aged about 25 years. He found a gun shot wound of the size of 1 cm. x 1 cm. on the left side of chest of the deceased, 6 cm. below his right nipple above the 9th rib. He noticed tattooing present. He further found lower lob of lung punctured through and through and pericardium ruptured. He extracted one pellet from the body of the deceased from the muscle of the back of the right side of chest below the right scapula. In his opinion, the deceased had died about half a day before due to shock and haemorrhage as a result of his ante-mortem injuries.