BALBIR Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Baibir has filed this appeal against the judgment and order dated 23-3-1979 of IV Additional Sessions Judge, Etah in S. T. No. 262 of 1978 by which he has been convicted under Section 302, IPC and has been sentenced to imprisonment for life. Two other persons, namely, Ram Singh and Shahab Uddin were also changed along with the appellant under Sec tions 302/34, IPC but they were acquitted.

(2.) THE charge against the accused was that at about 4 p. m. on 1-12-1987 he fired upon the deceased Surajpal by a country made pistol. THE prosecu tion in support of its case examined in all 8 witnesses and also relied upon dying declarations made by the deceased. THE defence of the appellant was that the case of the prosecution was false and he had been implicated on account of village party bandi (groupism ). No evidence was adduced by the appellant. THE learned Sessions Judge believed the prosecution case and con victed and sentenced the appellant as stated above. Ram Singh and Shahab Uddin who were not alleged to have caused any injury and were charged under Sections 302/34, IPC were acquitted.

(3.) AS stated earlier the F. I. R. of the incident was lodged by the deceased Surajpal himself at 4. 45 p. m. on 1-12-1977. The version given in the F. I. R. is as follows "my name is Suraj Pal, father's name is Sunder Singh Dhobi and am resident of Shikanderabad. I went to Munir Nagar along with my elder brother P. W. 1 Roshan to collect clothes. When I reached near the outer verandah (bailthaka) of accused Shahab Uddin. I saw that all three accused, namely, Balbir Ram Singh and Shahab Uddin were sitting there, Balbir said to me that I had not offered him Salam. On this I said that salams are offered to elderly people. On this all three accused stood up and Balbir said that Dhobi (Washerman) should be set right and he fired from his pistol upon me which hit me on the left side. All the three accused there after lifted me and left me near the well of Lakhan Singh. Roshan and Manphool Singh brought me to the police station. The incident took place at 4 P. M.