STATE OF U P Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) This Government Appeal No. 1226 of 1982 has been filed by the appellant State challenging the verdict of acquittal passed on 10.2.1982 by the District and Sessions Judge, Agra in favour of the respondent-accused Raghuveer Singh in Sessions Trial No. 425 of 1981 under section 302 IPC, police station Achhnera District Agra.

(2.) The case emanates from a somewhat freak incident which took place on 3.5.1981 at about 8.00 p.m. in village Raibha at the house of the first informant in which one Mahaveer, who was not the intended target, got killed. It is said that the accused respondent Raghuveer Singh had actually fired upon the first informant's son Virendra but he missed his aim and the fire hit deceased Mahaveer who while being carried to the hospital succumbed to his injuries. The reason of shooting at Virendra , as shown in the FIR, seems to be his alleged intervention in a village quarrel to the chagrin and displeasure of accused Raghuveer Singh who resented the same. The first information report of the incident was lodged by Jagan Singh at whose house deceased Mahaveer had come to take some money which was due, and at whose house the fatal incident took place. The initial FIR was lodged at the police station Achhnera District Agra u/s 307 IPC same day at 9.00 p.m. but subsequently when the information about the demise of Mahaveer was furnished to the police station next day, the case was converted into 302 IPC.

(3.) The autopsy of the deceased was performed on 6.5.1981 .