RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Phool Chandra was convicted along with two others, namely, Ram Chandra and Arjun, to life imprisonment under Sections 302 read with 34 IPC by an order dated 24.2.1982 passed by the III Addl. Sessions Judge, Fatehpur,. As co-appellants Ram Chandra and Arjun have died during the pendency of the appeal, as per the report of the CJM, Fatehpur, dated 23.12.2004, their appeals were abated by order of this court dated 20.7.2005. Now only the appeal of appellant Phool Chandra survives.

(2.) The prosecution case was that there was bitterness between the faction of Chamars to which the deceased Raj Lal belonged and the faction of Kurmis to which the appellant and the co-accused belonged. The deceased Raj Lal was a leader of the faction of Charmars, who had constituted a Yuvak Mangal Dal in village Tikauli. In 1974 he had given an application against the party of the Kurmis on the basis of which proceedings under Sections 107/116 Cr.P.C. were initiated against the Kurmis. One month prior to the incident in question, one Mathura Gosai had got a wall erected on the road which was toppled by the deceased. The appellant Phool Chandra and Ram Chandra again erected the wall and abused the deceased but the associates of Yuvak Mangal Dal demolished the wall after two days. This resulted in enmity of the Kurmis with the deceased. One day prior to the incident in question the deceased was sitting at his door when co-accused Ram Chandra Kurmis arrived at the canal road and began abusing the deceased. The deceased protested. The co-accused threatened to kill him. On the night of the incident (25/26.10.1980) at about 11 pm the appellant Phool Chandra, co-accused Arjun, who were armed with lathies and the co-accused Ram Chandra, who was armed with a countrymade pistol, arrived near the house of the deceased who was sleeping under a Gulmohar tree outside. On the exhortation of the appellant and Arjun the co-accused Ram Chandra fired on the chest of the deceased Raj Lal, who succumbed to his injuries at the spot. The informant Deo Raj, and Ramesh another brother of the deceased were sleeping under a chhappar nearby and he woke up on the barking of dogs and witnessed the incident in the light of the lantern which was burning in a pan shop nearby. PW 2, Ghasitey and PW 3 Ram Sajiwan, who had gone to see Khujuha mela (fair) also witnessed the incident as they were returning home at that time. Deo Raj lodged a written report (Ext. Ka-1) of this incident at 2.15 am on 26.10.1980 at PS Jehanabad, which was 5 kms away. The report was registered in the presence of SO, Ranvir Singh Solanki, by HM Vishambar Nath, who prepared the chik FIR (Ext. Ka 2) and made the necessary GD entries (Ext. Ka-3). As the informant had brought the dead body of his brother Raj Lal to the police station, the investigating officer, PW 5, SO Ranvir Singh Solanki, conducted the inquest (Ext. Ka-4) on the dead body by dictating it to SI Vijai Kumar Singh. The photo laash and challan laash and the report for RI, PS Fatehpur, for getting the postmortem done, were also in the handwriting of SI Vijai Kumar Singh, which was proved by PW 5, SO Ranvir Singh Solanki. The dead body was handed over to constable Man Singh and homeguard Ram Narain for taking it for postmortem after it was sealed. He also recorded the statement of Deo Raj, the informant, under Section 161 Cr.P.C. After conducting the other formalities, the investigating officer, PW 5, Ranvir Singh Solanki, reached the place of incident: where he prepared the site-plan (Ext. Ka 11) on the ponting out of Ramesh Chandra. He also collected an empty 12 bore cartridge from the spot and dictated the memo to SI V.K. Singh. He took the lantern which was said to be burning in a nearby shop in possession and dictated its memo to SI V.K. Singh After that he recorded statement of the witnesses, Gluisiley and karri Sajivani Under Section 161 Cr.P.C. and took the complaints which had earlier been made by the deceased Raj Lal against the accused which the informant handed over to him. After completion of investigation, he submitted the charge-sheet on 16.11.1980 against the 3 accused.

(3.) PW 6, Dr. J.S. Rai, M.O. conducted the postmortem on the dead body of the deceased, Raj Lal on 29.10.1980 at 1,15 pm at Sadar Hospital, Fatehpur. The body of the deceased was well built and muscular. Rigor mortis was absent from both the limbs. Blister was present. The abdomen was distended. Greenish discolouration was present. Scrotum and penis were swollen. The deceased had the following ante-mortem injuries. 'Gunshot wound of entrance 1" x 1" x cavity deep front of right side of chest. 4" at 1. O'clock position, right nipple. Margin lacerated inverted. Blackening and tattooing present. Direction from front to back slightly down ward. Five big shots and one wadding piece found. One wadding piece and five big shots were also recovered from the body.