STATE OF U.P. Vs. RAM AUTAR

JUDGEMENT

(1.) Heard Sri Ratan Singh, learned AGA appearing for the appellant-State of UP, Sri Pradeep Kumar, learned counsel appearing for the accused-respondent and perused the record.

(2.) Present government appeal has been preferred against the judgment and order dtd. 26/7/1983 passed by the Learned Special Judge, Fatehpur in Session Trial No. 104 of 1983 (State vs. Ram Autar Kori), arising out of Case Crimes No. 172/1982, under Sec. 302 IPC, Police Station Khakhreru, District Fatehpur.

(3.) Prosecution story, in brief, is that on 7/12/1982 the complainant- Shiv Saran Singh along with his brother Babu Singh went to their Gram field situated the western side of the village and at about 1:00 pm (noon), they saw the mother and sister of the accused Ram Autar were plucking Gram leaves in their field. Babu Singh asked them not to pluck the same as the plants were too small but they did not listen and continued to plucking out the gram leaves. On this, Babu Singh inflicted two slaps to the sister of accused-Ram Autar and banished her from his field. On this the mother and sister of the accused returned to their house abusing him. After taking round of the field while Shiv Saran Singh and Babu Singh were coming back to their house for taking bath and meals, when they reached near the house of Ram Autar, accused Ram Autar surrounded them and asked Babu Singh as to why he slapped his sister and took out country made pistol from his waist and fired on the chest of Babu Singh. The alleged incident was witnessed by neighbours Dasrath, Shiv Mohan, Govardhan and others. Ram Raj and Ram Ballaiya also saw the occurrence. When they tried to catch hold the accused, he reloaded the country made pistol, threatened the witnesses and ran away towards west. On receiving gun shot injury, complainant brother Babu Singh fell on the ground and thereafter the injured was placed on the Chabutara of Goverdhan where he died. The accused shot complainant's brother at 2.00 pm. Thereafter, a first information report of the incident was lodged at police station -Khakreu on the same day at 3.00 pm. in the presence of Investigating Officer, who recorded the statement of the complainant under Sec. 161 Cr.P.C. The investigating Officer proceeded to place of occurrence and inspected the dead body and sealed the same. Site plan was prepared and after completing investigation a charge-sheet under sec. 302 IPC was submitted against the accused Ram Autar.