RAM ADHAR Vs. STATE

JUDGEMENT

(1.) Ram Adhar and Kishan have filed this appeal against the judgment and order dated 30-5-1981 passed by learned Sessions Judge. Unnao in Sessions Trial No. 239 of 1980 convicting appellant Kishari under Section 302 IPC and accused appellant Ram Adhar under Section 302 read with Section 34 IPC and sentencing both of (hem to imprisonment for life.

(2.) According to the prosecution case, an F. I. R. was lodged by Srnt. Saroj Shukla, wife of Roop Narain Shukla on 10-11-1977 at 9.09 PM stating (herein that she had married Roop Narain Shukla, which was to the disliking of her brother Ram Adhar and her father Ram Swaroop. Her brother Ram Adhar frequently used to threaten and asked her to desert Roop Narain Shukla least he would be killed. On 10-11-1977, she was at her house, situate at Mohalla Jawahar Nagar, Unnao along with her husband Roop Narain Shukla. It was Deewali night and as such the house was illuminated with electric bulbs, earthen lamps and candles and there was sufficient light. At about 8.30 PM. her brother Ram Adhar along with his associate Kishan came to her house. Ram Adhar was armed with a country made pistol and Kishan was armed with a knife. Ram Adhar shot at her husband Roop Narain Shukla with the countrymade pistol which hit him on his elbow. Smt. Saroj Shukla vehemently pleaded with Ram Adhar and Kishan not to beat her husband upon which Ram Adhar said that in spite of the fact that Roop.Narain Shukla was her uncle, he has kept her (Smt. Saroj Shukla) and as such, he will not allow him to live. In the meantime Kishan and Ram Adhar caught hold of Roop Narain Shukla and they dragged him outside the house to the Chabutara (raised platform) in the lane where Roop Narain Shukla fell down. She further stated that while dragging Roop Narain Shukla from inside the house to the Chabutra, Kishan continued to inflict knife blows upon Roop Narain Shukla. Roop Narain Shukla fell down from the Chabutara in the nearby drain. At that moment, Kishan was standing by his side. Ram Adhar fired a second shot on Roop Narain Shukla, which somehow missed the target but hit Kishan on his leg. Thereafter Ram Adhar and Kishan fled away towards north of the house in the bye lane. Roop Narain Shukla succumbed to his injuries on the spot. The incident was witnessed by Ram Kishore Sonar and Baba Shyam Sunder.

(3.) F. I. R. of the incident was lodged in presence of S. I., Parvez Husain and he was entrusted investigation of the case. He recorded the statement of complainant Smt. Saroj Shukla at the police station itself and reached the place of the occurrence on the same night at about 10 P.M. He performed inquest and sent the dead body of Roop Narain Shukla for post mortem examination in the custody of constable Har Pratap. On the same night, at about 11.45 P.M. he received information from constable Ram Milan that one of the named accused, i.e. Kishan is admitted in the District Hospital in an injured condition. On receiving this information, he reached District Hospital, Unnao and arrested Kishan and recorded his statement. On 11-11-1977 he recorded the statements of Ram Kishun Sonar and Shyam Sunder Gupta and prepared site plan Ext. Ka 11. He collected and sealed blood stained and plain earth from the place where the dead body of Roop Narain Shukla was lying and sealed them in separate ontainers under a recovery memo, Ext. Ka. 14, he recovered wads of the cartridge from the place of the occurrence and sealed them under a recovery memo, Ext. Ka- 15. He also collected blood stained plaster from the wall vide Ext. Kal3. He searched for Ram Adhar but could not find him and only on 26-1- 1978 he came to know that Ram Adhar had surrendered in Court. He recorded his statement on 28-2-1978 and after completing investigation, submitted charge sheet against both the accused on 7-4-1978.