AVADH NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) Against the judgment of the Sessions Judge, Mirzapur dated 23-12-76, given in Sessions Trial No. A-35 of 1975, convicting the appellant for the offence under Section 302, Indian Penal Code and sentencing him to life imprisonment, the present appeal has been preferred by Awadh Narain under Section 374, Criminal Procedure Code.

(2.) The prosecution case was that the accused, Awadh Narain, was the Pattidar of Kedar Singh, deceased. Kedar Singh had a brother Shri Narain Singh who died leaving behind his three sons. Bechan Singh, Surendra Singh (P.W. 2) and Brij Narain (P. W. 4). Bechan Singh had one son Ramendra Singh (P.W. 1). Kedar Singh had three daughters who had been married.

(3.) On 8-2-1975, at about 3 P.M. Ramendra Singh (P.W. 1) and his uncle Surendra Singh (P.W. 2) were sitting on cots in front of their north facing house situated in village Baraini. Along with them Kalloo Upadhaya and Chandra Shekhar belonging to the adjoining villages were also sitting. Kedar Singh (deceased) who was also sitting along with them, went to a short distance from the door in the north to urinate. After urinating, he was coming back to the north where others were sitting when the accused Awadh Narain, whose house was situated to the east of the house of the deceased, suddenly appeared hurling abuses and fired at the deceased from a pistol from a close range, hitting the deceased at his abdomen. On receiving the Ghot, the deceased fell down unconscious and the accused Awadh Narain ran away. Hearing the shot, Brij Narain (P.W.4), who was in the house and lying at that time, got up and saw the accused Awadh Narain running away. The incident of shooting by Awadh Narain had been witnessed by Ramendra Singh (P.W. 1) and Surendra Singh (P.W.2) as well as Kalloo Upadhyaya and Chandra Shekhar. The deceased was laid on a cot with a view to be taken to the hospital. He however, expired on the way at a short distance from his house. The dead body was, thereafter, taken to the police station Kachhawa. Ramendra Singh (P.W. 1) scribed the report of the incident (Ex. Ka-1) and lodged the same at the police station at about 3.30 P. M. On the basis of the written report, a chik was prepared by Sheo Ram Singh (P.W. 8) and a case was registered at serial No. 22 of the general diary.