ISHWAR CHAND Vs. STATE OF U P

JUDGEMENT

(1.) Accused Ishwar Chand @ Pappu has come up in appeal against the judgment and order- dated 30-6-1981 passed by Sri Jaswant Singh, the then Additional Sessions Judge, Bijnor whereby he convicted the appellant under Section 304 I.P.C. and sentenced him to undergo rigorous imprisonment for a term of three years and to pay a fine of Rs. 500/-. In default in payment of fine, he was ordered to suffer rigorous imprisonment for a period of six months.

(2.) Briefly stated, the prosecution case was as under. P.W. 1 Harnam Singh, son of Laxman Singh Chauhan, lived in Mohalla Chohanan, Kiratpur, District Bijnor in the year 1980. He was landlord. He had let out a portion of his house on the ground floor to Smt. Kranti Devi, a nurse, about 3-4 months prior to the incident in question. Smt. Kranti Devi lived in the house along with her sons Pramod, Ishwar Chand and a daughter Km. Geeta. The deceased (Krishna Kumar), who was nephew of Smt. Kranti Devi, also lived there and was in the search of a job. The parents of Krishna Kumar had already died.

(3.) On 24-6-1980 at about 7-45 P.M., some altercation was going on between Smt. Kranti Devi and the appellant regarding character and relationship of Km. Geeta and Krishna Kumar. They suspected that Krishna Kumar had developed illicit relationship with Km. Geeta. During altercation, all of a sudden, the appellant fired a shot at Krishna Kumar from his Tamancha and ran away from the house. Smt. Kranti Devi and Pramod took Krishna Kumar to the hospital. Harnam Singh prepared a report of the incident in his own handwriting and lodged an F.I.R. at police station Kiratpur on the same night at 9-10 P.M. The police registered a case at Crime No. 95 under Section 302 I.P.C.