RAMA Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals by Rama and Puran arise out of a common judgment and order dated 24.6.1981 passed by Sri P.C. Srivastava, the then Additional Sessions Judge, Gyanpur, district Varanasi, in Sessions Trial No. 54 of 1980, whereby Puran has been convicted under sec. 302 I.P.C. and Rama under Section 302/34 I.P.C. and each of them has been sentenced to imprisonment for life. Sri A.K. Dwivedi, learned counsel for the complainant, informed that Puran appellant has died and on that statement of the counsel of the complainant his appeal was abated.

(2.) A brief resume of facts giving rise to the present appeals is as under: On 12.1.1980 at about 2.00 P.W. Gulab Chand, brother of Pushkar Nath Shukia informant, was going to ease himself near a pond in village Bhawanipur within police station Orai, district Varanasi. When he was in the way on northern side of the pond opposite to the house of Jhingur Teli he was detained and abused by Rama appellant. At that time Puran was accompanying Rama, Gulab Chand asked him not to abuse and shouted for his brother, the informant, who at that juncture was sitting and talking to Devi Shankar Dubey and Kripa Shankar Dubey in front of his house. All of them rushed towards Gulab Chand but in the meantime Rama instigated Puran to shoot Gulab as he had old enmity with him. On the exhortation of Rama Puran took out a country made pistol from the fold of his Dhoti and fired two shots with an intention to kill Gulab Chand, which hit him and caused two gun shot wounds. He was then taken to Gopichand Hospital where first aid was given to him by the Doctor but he referred him to Kabir Chaura Hospital, Varanasi, as his condition was precarious. Kripa Shankar Dubey and Devi Shankar Dubey then took him to the Hospital at Varanasi, while Pushkar Nath, Shukla went to police station Orai where he lodged an F.I.R. at 4.10 P.M. on 12.1.1980. Trijugi Narain, Sub Inspector (P.W. 5) after registration of the case under Sec. 307 I.P.C. recorded statement of the informant under Sec. 161, Cr. P.C. when he came out of the Thana in order to proceed to the place of occurrence, he found Gulab Chand lying in a Taxi parked outside the Police Station and hence before leaving to village Bhawanipur he recorded his statement at the Thana under Sec. 161 Cr. P.C. as his condition was precarious. He also recorded the statement of Rama v. State of U.P. Kripa Shankar there and thereafter proceeded to village Bhawani put to make investigation, after sending the injured to Hospital. In village Bhawanipur he recorded statement of the remaining witnesses under Sec. 161 Cr. P.C. and completed other necessary formalities in connection with the investigation.

(3.) Gulab Chand died in the Hospital at Varanasi at about 1.30 in the night on 13.1.1980 and on receipt of that information the case was converted into one under Section 302 I.P.C. The autopsy on the dead body of Gulab Chand was conducted by Dr. J.K. Singh (P.W. 1) at 3.30 p.m. on 13.1.1980, who found four gun shot wounds and two abraded contusions on his body Satya Narain, Station officer, completed the remaining investigation in the case and submitted charge sheet against both the accused.