KUNWAR PAL Vs. STATE

JUDGEMENT

(1.) The instant Criminal Appeal has been filed against the judgment and order dtd. 23/4/1984 passed by the IVth Additional Sessions Judge, Moradabad in Sessions Trial No. 260 of 1983 convicting and sentencing the appellant no. 1 - Kunwar Pal for life imprisonment under Sec. 302 I.P.C. and appellant no. 2 Ramphal for life imprisonment under Sec. 302 read with Sec. 34 of I.P.C.

(2.) When an incident had taken place in the night of 28/29/11/1982 at around 1:30 a.m, the first information report was lodged on 29/11/1982 at 8:00 a.m. The first informant, Badam Singh informed the police about the murder of his wife and he had alleged that the same was committed by Kunwar Pal. The reason which had been given was that the first informant who was a lawyer appeared in the case of Nanhu Vs. Kishaniya and during the proceedings of said case, Kishaniya had by means of a sale deed, sold the property to Kunwar Pal son of one Khem Karan. Kunwar Pal attempted to forcibly take possession of the land and when the first informant had opposed possession being taken over forcibly, Kunwar Pal had talked to the first informant and had threatened him with dire consequences.

(3.) It has been stated in the first information report that in the night of 28/29/11/1982 while the first informant was sleeping on the first floor of the double storied house along with Chhoke Lal son of Munna, the miscreants namely Kunwar Pal and Ramphal had entered into the house after removing the main door of the house from its hinges at around 1:30 a.m. and had shot at Ramwati, the wife of the first informant, who was sleeping on the ground floor along with a daughter of theirs named Pinki who was aged about three months. The sound of the knock woke him and Chhoke Lal who was sleeping near him. When they came down the stairs, they had seen that Kunwar Pal, had a country made pistol and Ramphal had a single-barrelled gun in their hands. In the first information report itself, it had been stated that Ramphal who had a single-barrelled gun, had asked the wife as to where her husband was (wakeel Kahan Hai) and the wife when she had refused to give the information, then Ramphal had stated that if she did not give the information, then she would be shot dead. At that point of time, Kunwar Pal who had a country made pistol shot at the wife of the first informant. He has stated in the first information report itself that the entire incident was seen by him and Chhoke Lal in the light of a lantern which was lit in the Verandah. When they raised a hue and cry, Kunwar Pal and Ramphal fled from the place of occurrence and people from the neighbourhood carrying torches, came to the place of the incident. It has been stated that Har Narayan and Jagatvir the neighbours who had come had seen the two accused persons running away from the house.