TRIJUGI NARAIN AND ANR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.12.1979 passed by the IV Additional Sessions Judge, Unrcao convicting both the Appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year, further convicting Appellant Chunnoo alias Om Prakash under Section 324 of the Indian Penal Code and sentencing him to one year rigorous imprisonment and to pay a fine of Rs. 500 and in default of payment of fine to undergo rigorous imprisonment for a period of six months. Both the sentences are to run concurrently.

(2.) This unfortunate incident happened on 15.8.1978 at 5.00 p.m. in which one Ram Kumar is alleged to have been done to death by the Appellants. The prosecution order as disclosed in the first information report is that about three years before one Mohan son of Devi Deen had been murdered by one Om Prakash alias Chunnoo and Trijugi, the accused persons of the present case, and others. The father of the complainant did pairavi. On account of this enmity Chunnoo alias Om Prakash and Trijugi Appellants and others fired shots at his father, the case of which is pending before the Court. Since then Trijugi and others are having enmity with his father. A case under Sections 107-166, Code of Criminal Procedure was also fought between the father of the complainant and Trijugi.

(3.) On the date of incident viz. 15.8.1978 the father of the complainant. Ram Kumar, was going from his flour mill to his house. His servant Mohan Gudia (P.W. 3) was ploughing the field. His deceased father sat on the mend of the field and started talking to Mohan. In the meantime Trijugi armed with a gun and Chunnoo alias Om Prakash, Appellant No. 2, armed with a D.B.B.L. gun came along with one unknown person who was armed with a Katta. Chunnoo alias Om Prakash fired a shot from behind which hit the father of the complainant on account of which he fell down In the field. On raising alarm Raj Rani wife of Mohan (P.W. 3) and his daughter Km. Ram Piyara came towards the place of the occurrence. On this Trijugi, Appellant No. 1, came out of the field and started saying that Ram Kumar deceased was still alive and he should be killed. Thereupon he fired a shot towards his father which hit him on his mouth. Trijugi also assaulted his deceased father by means of the Butt of the gun. He also cried that if any body comes near him he would be shot dead. Since the wife of Mohan, Smt. Ram Rani (P.W. 1) started going towards the deceased, the accused-Appellant No. 2 Om Prakash alias Chunnoo also fired a shot towards her which hit her and she fell down. After the incident the accused persons along with the unknown person ran away from the place of the occurrence. This report was lodged by Dinesh Kumar, son of the deceased Ram Kumar at 5.45 p.m. On 15..8.1978. The police station was only 8 miles from the place of the occurrence. After this report was lodged the investigation was taken over by I.B. Singh (P.W. 5). He recorded the statement of Dinesh Kumar at the police station and thereafter went to the place of the occurrence and prepared the inquest report, photo of the dead body and the challan of the dead body etc. He also took blood stained earth from the place of the occurrence and the shirt of the deceased in his possession. The dead body of Ram Kumar was sealed and was sent for postmortem examination. He also found Smt. Ram Rani (P.W. 1) in injured condition and she was also sent for medical examination. After completing the investigation he submitted charge-sheet against both the Appellants. The post mortem examination of the body of deceased Ram Kumar was conducted by Dr. M.T.A. Khan on 16.8.1978 at about 4.00 p.m. He found the following ante mortem injuries on the person of the deceased.