RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant has been convicted under Section 302, Indian Penal Code by the 1st Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 172/1991 for committing the murder of Anil Pandey on 7.12.1990 by a country made pistol at 6.45 p.m. in front of the house of the deceased in Mohalla Bakar Jai, police station Kotwali, Shahjahanpur In which he has been awarded the death sentence. THE Sessions Judge has made usual reference to the High Court for confirmation of the death sentence also.

(2.) THE prosecution case as disclosed by a written F.I.R. lodged by Vimal Pandey brother of the deceased at Police Station Kotwali on 7.12.1990 at 7.30 p.m. reveals that at about 6.45 p.m. on the day of the incident his neighbour accused Babu alias Ram Chandra was quarrelling with some person near his house. This was being witnessed by all the persons of the neighbourhood. Babu accused asked the persons who had assembled there to go to their houses. He also came to the house of the first informant and asked what were they watching and why were they not going inside the house. He farther said that in case they did not go inside their houses he would give them twenty beatings by shoe. THE informant's father, mother and sister were standing on the platform of their house where his brother Anil Pandey was also standing. Anil Pandey asked Babu as to why was he calling bad names, more so, as they were going in. Hearing this Babu took out a country made pistol from the pocket of his pant and fired at Anil. Anil fell down on receiving the gun shot injuries. THE incident was witnessed by Hari Om, Raju Halwai and many other persons in the locality. THE condition of brother of the informant was very low. THE father and other persons of the informant had taken the victim to the hospital. Babu had fired at the brother of the informant with the intention to kill him. Consequently the report was taken down.

(3.) THE post mortem on the body of Anil Pandey was conducted on 9.12.1990 at 3.30 p.m. by P.W. 5 Dr. V. C. Khanna. As the victim had been operated he had found the stitched wound as also the injuries which had been found by the doctor during the operation of the victim.