PARAS NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order of the then VIth Additional District and Sessions Judge, Allahabad dated 24-1-1981 in S.T. No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34, I.P.C. 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 happened to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the mean time, Munni Lal Premi 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 Kakhnu, 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 Chander 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 lathis 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 Badan 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 injuries, 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 Chandar received lathi injuries and ran away from that place in the injured condition.

(3.) The abovenamed persons including the appellants fled away towards north on being challenged by Ram Badan and many others of the village. Ram Badan got a report written by one named Prem Yogi on his dictation about the occurrence. He along with his injured daughter Km. Ram Rati went to the police station concerned, where the First Information Report was lodged. Consequently the investigation into the case was immediately entrusted to then Sub-Inspector Sri Mano Kanka Singh who visited the place of occurrence at 9 p.m. on 8-11-1979 itself and prepared panchayatnama etc. regarding the dead body and sent it through two constables to the mortuary for post mortem examination on the next day. He again went to the place of occurrence and prepared a site plan at the pointing of the informant Ram Badan. He continued investigating into the matter till 25-11-1979. Thereafter he was transferred and Sri R.S. Tewari, Sub-Inspector took up the investigation into the case and after its completion, he ultimately submitted the charge sheet against the accused appellants and certain others. They were committed to the Court of Sessions for trial. The charges were framed against them.