VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal was preferred by Virendra Singh, appellant, against his conviction under Sections 302, 452 and 307 I. P. C. and consequent sentences of imprisonment for life, one year R. I. and 7 years R. I. passed by Sri P. C. Jain, I Additional Sessions Judge, Shahjahanpur, on 8-4-1980 in S. T. No. 474 of 1979.

(2.) THE prosecution story, as contained in the F. I. R. , is as under: Ghashi Ram son of Ram Dayal, a farmer, has his house in the east of the village. He is a resident of village Baragaon. According to him some 20-25 days ago appellant Virendra Singh son of Ganga Singh assaulted his nephew Ram Das, who used to ply rickshaw, with a knife. THE appellant was challaned in that case. On 15-7-1979, at about 9. 00 a. m. , the appellant, with a single barrel gun in his hand, came inside the Chappar of his house, hurling abuses. He shouted at him that he should turn out Ram Chander from his house. He will not leave him alive. He has come after killing his father. Immediately after that he opened fire on him, but the fire, instead of hitting him, hit his grand son aged about 3 years, Ram Naresh. He fell down and died instantaneously. THE alarm raised by him and the females of his family attracted Ram Bharose, etc. from his neighbourhood. THE appellant left his house shouting that any one who will come across him shall also be killed. On the road, near his house, a person from Udna village, Pandit Shyam Behari, was coming from the front, was also fired upon by the appellant. He fell down after receiving the gunshot injuries and died. THE appellant opened more fires on towards the road, the pellets of which struck some other persons and the passer-by. Later on, on raising of the alarm by villagers the appellant went towards Bareli village in the west. It is also stated in the F. I. R. that he had heard that on Bareli road in village Baragaon, in the Har, he fired upon Principal Sheo Prakash Agrawal causing injuries to him also. Leaving his grand son in the charge of his family members he went to lodge the report. A case was registered at Crime No. 179 on 15-7-1979 at 9. 45 a. m. THE distance of the place of occurrence from the police station was 2 miles south.

(3.) THE post-mortem examination on the two dead bodies were conducted by P. W. 2 Dr. M. L. Tandon. THE post-mortem examination reports are Exts. Ka-6 and Ka-7.