RAM SWARUP Vs. STATE

JUDGEMENT

(1.) The sole appellant Ram Swarup has preferred this appeal against the judgement and order of the Sessions Judge, Moradabad dated 28.5.1979 in Sessions Trial No. 21 of 1979 whereby he stood convicted under Section-302 Indian Penal Code, and sentenced to imprisonment for life.

(2.) The charge against the appellant was that on 17.9.1978 at about 6 p.m. he committed murder of Smt. Laretia by intentionally causing her death by firing a pistol shot at her in front of Chaupal of informant Sumera, P.W. 3 in village-Rustampur Niawali, Police-station Asmoli, district-Moradabad and thereby committed an offence punishable under Section-302 Indian Penal Code. There was a co-accused Chhattu, brother of the appellant, who was charged under Section-302/34 Indian Penal Code, and the role attributed to him was that of instigation alone and the learned trial Judge after considering the entire evidence on record gave him benefit of doubt.

(3.) Sri D.N. Wali, learned counsel for the appellant has been heard at length in support of this appeal which has been opposed by Sri. S.P. Tewari, learned A.G.A. and the entire record has been thoroughly scrutinised.