PARAS NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. This is a criminal appeal against the judgment and order of the then VIth Additional District & Sessions Judge, Allahabad dated 24-1-1981 in ST No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34 IPC to life imprisonment.

(2.) THE prosecution case briefly stated is that on 8-11-1979 at about 7. 30 p. m. the informant Ram Badan's brother Ram Chandar deceased was sitting on a Takhat in front of the door of his house. At that time the accused-appellant Sukru happen to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the meantime Munni Lal Prem son of Kanhai Lal, Prabhu Nath son of Vishram, Ram Narain alias Narain, brother-in-law of Munni Lal Premi, Paras Nath son of Titir, Jamuna son of Khakhnu, Ganga Ram son of Khakhnu, Babu Lal son of Ram Autar and Sant Lal son of Ram Autar with the common object of killing Ram Chandar pounced upon him while inciting, exciting and provoking one another and challenging him (Ram Chandar) because he considered himself to be very high. Paras Nath, Jamuna and Sukru were armed with pistols. Others were holding Lathis. Sukru was holding lathi as well. Consequently, Ram Chandar ran up towards the north and could hardly reach in front of the house of Satya Narain Bharti. When the above-named persons attacked him and started beating him, Ram Chandar raised alarm hearing which Ram Bandan, his daughter Km. Ram Rati, his brother Sangram Jailor son of Dulai, Kashi Ram and Ram Khilawan rushed to the place of occurrence. Km. Ram Rati and Sangram were ahead of them while running towards that place. THE above-named persons started beating Sangram also. As soon Ram Bandan and others reached the place of occurrence. While challenging the abovenamed persons Paras Nath and Jamuna with the intention of killing Ram Chandar opened fire from their respective country-made pistols at him. Having received pistol shot injured, Ram Chandar fell down in front of the house of Satya Narain Bharti and died there. Km. Ram Rati also received pistol shot injuries. Sangram who reached the place of occurrence to save Ram Chadra received Lathi injuries and ran away from that place in the injured condition.

(3.) TO prove its case the prosecution has examined Km. Ram Rati (PW-1), Ram Badan (PW-2), Dr. Nagendra Singh (PW-3), Dr. K. P. Singh (PW-4), Dr. Sunil Verma (PW-5), Sangram (PW-6), Dr. Atul Kumar (PW-7), Constable Ram Pal Singh (PW-8), Head Moharrir Rajendra Singh (PW-9), then Sub Inspector Mano Kanika Singh (PW- 10) and filed documents vide Ext. Ka 9. Km. Ram Rati, Ram Badan and Sangram are eye witnesses whereas others are formal one Sangram (PW-6) has, however, turned hostile.