MADAN PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the sole accused-appellant Madan Pal against the judgment and order dated 22.11.78 passed by Sri S.B.L. Kakkar, Sessions Judge, Hamirpur in Sessions Trial No. 90 of 1977 convicting the appellant under Sec. 302 I.P.C. and sentencing him to imprisonment for life.

(2.) The First Information Report written by deceased Bhagirath's sister's son Umapati (P.W. 2) was lodged by one Ram Sewak, the brother of deceased Bhagirath on 7.4.76 at about 11.00 a.m. at Police Station Rath, District Hamirpur, which was at a distance of about 5 miles from the place of occurrence, village Nauhai. It was scribed at Police Station Rath by Head Constable Bahadur Singh (P.W. 5). The case was registered vide General Diary (Ext. Kha 4). The investigation of this case was taken up by P.W. 8 Sri Yadya Dutt Rai, S.O. Jalaun, Police Station Rath, who examined the complainant P.W. 1 Ram Sewak and Raghubar.

(3.) The prosecution story as disclosed in the First Information Report is that there was an enmity on account of the election of the Village Pradhan as the family members of the complainant and the deceased have helped Paras Ram, who was successful as Pradhan. Deceased Bhagirath was elected as Up-Pradhan. The accused Madan Pal as well as Dayaram as Bhagirath had helped Chiranji Lal in the said election who was defeated. As the party of the appellant was unsuccessful in the election of the Pradhan, the appellant and his party-man were aggrieved against the deceased. As Bhagirath had also refused to put his signatures on the motion of no confidence being carried out against Paras Ram, Pradhan, consequently, the supporters of the appellant felt much aggrieved. On 5th April, 1976, a she goat of Daya Ram was injured by a bullock cart which was intercepted by Madan Pal, Daya Ram and Bhagirath. They demanded the price of the she-goat and Bhagirath had helped the owner of the bullock cart, on account of which some exchange of hot word took place and the appellant had extended a threat to the deceased Bhagirath. On 7.4.76 Ram Sewak and deceased Bhagirath alongwith Rati Ram, Sripat, Binda, Indal etc. were sitting and engaged in conversation at a1 ut 10.00 a.m. when the accused-appellant Madan Pal came from the side of the Chak-road and started abusing Bhagirath as well as the complainant. Thereafter, deceased Bhagirath also replied in abusive language. Thereupon, the accused-appellant gave a threat to deceased Bhagirath and said that he was believing in parti-bandi and they will teach him a lesson. Thereafter, he went to his house and brought with him his licensed rifle. He was also accompanied by his brother Bhagwat, who was having a lathi. Both of them had threatened the complainant and the deceased, whereupon both of them stood up, and the brother of the complainant Har Govind and nephew of the complainant Badri also came out of the house. In the meantime the accused appellant Madan Pal fired a shot from his rifle at Bhagiragh deceased, which hit him and he fell down and died on the spot. Thereafter, Har Govind, the brother of the complainant, and Badri, the nephew of the complainant, tried to catch hold of the accused-appellant and ultimately he was over-powered and his rifle was snatched away and in that scuffle the rifle was broken. The, rifle contained three live cartridges and one empty cartridge. The appellant was made to sit and the dead body of Bhagirath was kept at the door.