PARAS Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellants are Paras and Raj Bahadur who have preferred this appeal against the judgment and order dated 11th August ,1981 passed by Sri D. K. Trivedi, the then VI Additional Sessions Judge, Gorakhpur in Sessions Trial No. 407 of 1980. Raj Bahadur has been convicted under Section 302 IPC and sentenced to life imprisonment, whereas the other one Paras has been convicted under Section 302 IPC read with Section 134 IPC and sentenced to life imprisonment.

(2.) SALIENT features of the case may be noted. The incident occurred in between the night of 14/15-10- 1979 in village Tilakpur, P. S. Belghat, district Gorakhpur. The FIR was lodged on 15-10-1979 at 6. 30 A. M. by oral narration by Sumitra PW 1 an eye-witness - daughter of the deceased Rajdei. At the relevant time, Rajdei's husband Ram Bilas was working in Bombay. On the fateful night she was sleeping in the outer verandah (Osara) of her house. Her daughters Sumitra PW 1, Sudama PW 2 and Asharfa as also her sons Rampher alias Shyamphal PW 3 and Ramphal were sleeping nearby. Sumitra woke up on hearing the barking of dogs. She flashed the torch and saw the two appellants Paras exhorted Raj Bahadur to kill Rajdei. Raj Bahadur instantaneously opened fire from his country-made pistol on Smt. Rajdei, who died then and there. The three daughters and sons of Rajdei caught hold of the accused appellant and made alarm but they managed to extricate themselves and ran away. Later on, several villagers assembled at the scene of occurrence. Consequent upon lodging of the FIR by Sumitra PW 1, a case was registered. It was also stated in the FIR that a few days before, an altercation had taken place between the deceased and the appellant Paras as his she-buffalo had damaged the paddy crop of the deceased. She had abused Paras and he had threatened her of death. The investigation was taken up by Station Officer Ram Ratan Nag PW 6.

(3.) AT the trial, the prosecution examined in all seven witnesses out of whom Sumitra PW 1, Surendra PW 2 and Rampher alias Shyamphal PW 3 were the eye-witnesses. The learned Sessions Judge believed the prosecution evidence and passed the impugned judgment which is assailed in this appeal.