THAKUR DASS Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal filed by the appellant Thakur Das is directed against the judgment and order of the Additional District & Sessions Judge, Etah dated 28.03.1984 passed in Sessions Trial No. 332 of 1981; State vs. Thakur Das and others. In the judgment under appeal, the appellant Thakur Das has been convicted for an offence punishable under Section 302 I.P.C. and has been sentenced to life imprisonment.

(2.) THE case of the prosecution in short is that Moti Ram father of the informant Bhagwati Prasad resident of village BorraKhurd, under Police Circle Awagarh, was returning from his agricultural field on 19.03.1981 at around 6:00 p.m. towards his home. One Ganga Prasad s/o. Ishwari Prasad of the same village was similarly moving from the opposite directions towards his own field. When Moti Ram reached near the field of Jagdish Chandra, Thakur Das s/o. Ishwari Prasad who was armed with single barrel gun, Har Prasad s/o. Ishwari Prasad and Chandra Pal s/o. Khacheru, both of whom armed with country made pistol came out of the adjoining fields. At this juncture Ganga Prasad is stated to have exhorted to kill Moti Ram by opening fire upon him. Moti Ram is stated to have asked as to why the accused wants to do so and apprehending danger to his life, he turn around and started to run. At this point of time on the asking of the Ganga Prasad, Thakur Das opened fire from his single barrel gun. The gun shot hit Moti Ram at his back. He immediately fell down on the ground. All the accused ran away from the site. It was further stated that Ramvir Singh s/o. Mewa Ram and Man Singh s/o. Karan Singh, on hearing the aforesaid had reached the place of incident. Thereafter the injured Moti Ram was brought to the police station with the help of Ramvir Singh and Man Singh. The written report was lodged with the police station at about 8:30 p.m. the same day, on the basis whereof the First Information Report was prepared by Constable Clerk Fulwari Singh and an entry in the G.D. was also made at serial no. 27. The injured Moti Ram was sent to P.H.C. Awagarh on the same day at 8:45 p.m. Dr. K.K. Agrawal, Medical Officer/Incharge P.H.C. examined the injured Moti Ram. His injury report is marked as Exhibit Ka-2.

(3.) THE accused were examined under Section 313 Cr.P.C. They stated that they have been falsely implicated due to enmity and the statement made by witnesses were incorrect. In defence the accused produced Head Constable Badri Prasad as DW-1 who brought Crime Register of the year 1981 from the Police Station, Awagarh in support of the fact that the serial number of the G.D. was not properly maintained.