MUNSHI SINGH Vs. STATE

JUDGEMENT

(1.) Through this appeal, appellant Munshi Singh challenges the judgment and order dated 31-1-1997 passed by the Sessions Judge, Unnao in Sessions Trial No. 169 of 1990, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302. IPC.

(2.) Shortly stated, the prosecution case runs as under : The informant Shree Krishna PW. 1 is the real brother of the deceased Ram Pal. At the time of the incident, the informant, his brother Ram Narain P.W. 2, the deceased and the appellant were living in village Maswasi, within the limits of Police Station Kotwali, in District Unnao. About eight days prior to the incident, at about 6.00 p.m. when Jasti Devi, the wife of the deceased, had gone to answer the call of nature in the field appellant Munshi Singh had teased her. Jasti Devi complained about this to the family members. Thereupon, her husband Ram Pal complained about the appellant's conduct to his elder brother Naurang Singh, who gave him a beating. This incensed the appellant. On 28-2-1990, at about sunset, when the deceased Ram Pal was returning to his house from the field and had reached near the temple of Lord Shiva, situated near the informant's house, the informant, Ram Narain and other members of the family, who were warming themselves in the courtyard of their house, heard sound of firing. Hearing it they rushed towards the said temple and saw the appellant running away with a pistol in his hands and Ram Pal, who has sustained a gun shot wound on the left side of his chest, lying near the temple. Thereupon, the informant and his family members brought Ram Pal to their house and from there on a bullock-cart took him to Police Station Kotwali, where the informant lodged his FIR.

(3.) The evidence of S.I. Jagdish Singh Sengar P.W. 5, in short, shows : On 28-2-1990 he was posted as Sub-Inspector at Police Station Kotwali, District Unnao. In his presence the Informant Shree Krishna lodged his oral FIR on the basis of which Head Moharir R.D. Mishra, whom he had seen writing and signing, prepared the chik FIR Exhibit Ka-4 (A perusal of the chik FIR shows that the FIR was lodged on 28-2-1990 at 8.40 p.m.; the distance between the place of the incident and Police Station Kotwali was seven kilometres; and on the basis of the FIR a case under Section 307, IPC was registered against the appellant). Thereafter, the victim Ram Pal, who was unconscious, was sent for treatment to District Hospital, Unnao. He then recorded the statements of the complainant. Ram Narain, Kallu and Gangadei and proceeded to the place of the incident, where he prepared the site-plan. From the place of the incident he seized plain and blood stained earth in two separate containers, under a recovery memo. On 1-3-1990, between 10-45 a.m. to 11.55 a.m. he performed the inquest on the corpse of the deceased and thereafter sent it for autopsy. On the said date, he also recorded the statements of Sri Ram, Sripal, and Jasti Devi. On 2-3-1990 and 5-3-1990 he searched for the appellant but could not find him. On 7-3-1990 he learnt that the appellant had surrendered in the Court. On 16-3-1990 he recorded the statement of the appellant inside Jail and submitted the charge-sheet.