SHIV RAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by the sole appellant Shiv Raj Singh is directed against the impugned judgment of conviction under section 302 I.P.C. and order of sentence to serve life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to serve simple imprisonment for another six months R.I., therefore, recorded by Additional Sessions Judge/ Special Judge (E.C.Act), Etawah vide impugned judgment and order dated 9.2.1989 passed in S.T. No. 147 of 1987, State Vs. Shiv Raj Singh relating to crime no. 1 of 1987, P.S. Jaswantnagar, District Etawah.

(2.) The underlying facts are that on the new years day 1.1.1987 at 10 A.M., informant Suba Singh and his wife Smt. Keshkali were sitting at their door along with their son-in-law Gulab Singh (deceased) son of Ram Pal Singh resident of village Sagra, P.S. Naya Gaon, District Bhind, M.P. and their samdhi Shiv Raj Singh resident of village Kushalpur, P.S. Bewar, District Mainpuri and were chatting amongst themselves regarding relationship. Meanwhile, appellant Shiv Raj Singh holding a licensee gun of his brother Ati Raj Singh came to the spot and started hurling various abuses to the informant, which affronted his son-in-law Gulab Singh, who interdicted appellant to refrain from such a faux pas. Appellant thereafter threatened by exhorting to settle the scores with the informant and Gulab Singh and no sooner thereafter loaded his gun with a cartridge, aimed at Gulab Singh and fired a shot, causing injuries on the left side hand, torso, armpit and thigh of Gulab Singh. Informant and other present people raised sudden shrieks and tried to save the injured Gulab Singh. Hearing their shrieks, other villagers present in the vicinity also challenged the appellant who then escaped towards his house. The incident had occurred because the appellant had a grudge against the informant and his relatives for many reasons.

(3.) Informant got the F.I.R. Ext. Ka-1 penned down by Mahendra Kumar and alongwith the injured carried on a cot by four persons covered a distance of 18 kilometers west to the police station Jaswantnagar, Etawah, where he lodged his F.I.R. the same day at 5.15 P.M. as crime no. 1 of 1987, under section 307 I.P.C. naming the appellant as the sole perpetrator of the crime.