PRAMOD KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mewa Lal Shukla, learned counsel for the appellant and Sri G.N. Kanaujia, learned A.G.A.-1 for the state-respondent.

(2.) Present criminal appeal has been filed against the judgement and order dtd. 13/1/1983 passed by Sessions Judge, Etawah in Sessions Trial No. 267 of 1979 convicting and sentencing the appellant to imprisonment for life under Sec. 302 I.P.C.

(3.) The prosecution case, in short, is that on 27/2/1979 at about 8.30 a.m. Ram Swaroop PW-1; Suggat Khan PW-2; Budh Lal, Ram Rai and Rajendra Kumar (deceased) were digging potatoes in the field of informant, Ram Swaroop. Accused, Ram Kumar and Anil Kumar came to the field of Ram Swaroop and abused Rajendra Kumar and caught hold of him forcibly, threw him on ground and pressed him down. The informant and others asked why they are behaving against Rajendra Kumar in such manner. In the meanwhile, Rajendra Kumar, freed himself from the clutches of Ram Kumar and Anil Kumar and ran towards the village. On road he saw the accused, Shyam Singh and Pramod Kumar (appellant) coming from village side. On the exhortation of accused Shyam Singh, accused Pramod Singh, who was carrying a rifle, shot Rajendra Kumar on his chest and he fell down. On hearing sound of fire, Chhedi Lal, Metti Lal and others and also the informant and other witnesses present in the potato field reached there. The accused on seeing them fled away. The informant and other witnesses took the injured, Rajendra Kumar, to police station where Ram Swaroop got the first information lodged. It was stated in the first information report that there was enmity of Rajendra Kumar with the accused persons and hence they committed the alleged offence against him.