RAM SAGAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ram Sagar, accused-appellant, has filed this criminal appeal from jail against the judgment and order dated 20-5-1980 passed by the Sessions Judge, Banda, convicting him under Section 302, I.P.C.

(2.) The gravamen of charge is that on 15-12-1978 at about 4 p.m. in village Samgara, Police Station Marka, district Banda the accused Ram Sagar committed the murder of Ram Chandra by shooting him dead with Tamancha.

(3.) The facts, presented by the prosecution, are that deceased Ram Chandra alias Bachchan was the elder brother of Phool Chandra P.W. 1. The house of the accused Ram Sagar is adjoining to the house of Phool Chandra. About six years ago there was quarrel between the wife of the deceased and the mother of the accused and the former had hit the mother of the accused with a stone. At that time the accused was not present. After the accused returned, he learnt about the incident. He believed that his mother had been hit by accused Ram Chandra and that he would take revenge from him. Two months after the said incident his mother died and the accused thereafter left his village. The accused Ram Sagar was the resident of village Khushrupur, district Fatehpur and had settled in village Samgara. He had only his mother in his family and had no wife and children. The occurrence of this case took place on 15-12-1978 at about 4 p.m. The accused had returned to village Samgara 10-15 days prior to this occurrence. Phool Chandra P.W.2 and his brother Ram Chandra deceased had gone to grind wheat at the flour mill of Ramadhin Pathak and they returned from the flour mill at about 4 p.m. Each of them were carrying flour in separate Dalias. The deceased was going ahead of his brother Phool Chandra. When the deceased reached near the cattle-shed of Chhabinath Tiwari P.W. 3, the accused Ram Sagar, who was standing at the door of the said cattle-shed, fired with his Tamancha at Ram Chandra. Ram Chandra fell down and died on the spot. The occurrence was witnessed by Chhabinath Tiwari P.W.3, and Chandra Shekhar P.W. 4 as well as Iqbal. The accused fled towards the South. Leaving the dead body of his brother Ram Chandra under the supervision of village Chowkidar, Phool Chandra P.W. 2, proceeded to police station Marka along with a written report Ext. Ka-2, which he handed over at police station Marka at 7 p.m. on 15-12-1978. Constable Lal Singh P.W.6, who was constable clerk at police station Marka on 15-12-78, prepared chik report Ext. Ka-11 on the basis of written report Ext. Ka-2 and entered the case at serial No. 20 of the General Diary (vide Ext. Ka-12 extract).