KHEMI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Devendra Kumar Mishra, learned counsel for the appellant and Sri Amit Sinha, learned AGA for the State.

(2.) The instant criminal appeal has been filed by the appellant- Khemi being aggrieved by the judgment and order dtd. 15/2/1986 passed by the Vth Additional Sessions Judge, Mathura in S.T. No. 302 of 1985 (State vs. Phooli and others) under Sec. 302/149 IPC, P.S. Nauhjhil, District Mathura, whereby the appellant has been convicted for the offence under Sec. 302 IPC and has been awarded sentence of life imprisonment.

(3.) The prosecution story, in brief, is that the P.W. 1, Teeka Ram lodged a report at 02:45 A.M. on 2/4/1984 alleging that in the night intervening 1/2/4/1984, his brother deceased Ram Swarup was sleeping on a cot in front of his house. The informant Teeka Ram was also sleeping in front of his house, which was adjoining to the house of the deceased Ram Swarup at a distance of 5 to 6 hands from the deceased. The daughters Veeri and Champa and Kasturi wife of deceased were sleeping inside the house and at nearby place, Kishori son of Doji and Prahlad son of Teeka and Handal son of Doji were also sleeping. As usual the lantern, which was lit was kept on the wall of the house of the deceased Ram Swarup. At around 12:30 in the night, five persons came there and due to the noise of their coming, the informant woke up and saw that the aforesaid five persons were standing around the cot of his deceased brother. He got up, shouted and ran towards the house. In the meantime the accused/appellant Khemi had fired from the gun, which hit on the neck of his brother. Hearing the noise, Kishori son of Doji, Prahlad son of Teeka, Veera and Champa daughters of informant and the wife of the deceased and Handal son of Doji along with other persons of the village reached there. The informant has identified that the accused-appellant was having the gun in his hand, the other accused Dharmpal and Phooli sons of Mohan were having country made pistols in their hands and the accused Rajendra s/o Sukhi and Raghuveer s/o Nripati were having ballams in their hands and after killing the deceased, all the accused persons ran away. The informant had overheard the accused saying that since stating that the deceased had deposed against them, therefore, revenge had been taken.