NAUNI RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal filed by accused Nauni Ram from judgment and order dated 12th of September 1997 passed by 1st Additional Sessions Judge Bijnor in Sessions Trial No. 457 of 1995, State v. Nauni Ram under Section 409 IPC and Sessions Trial No. 458 of 1995, State v. Nauni Ram under Section 29 of the Police Act connected with Sessions Trial No. 456 of 1995 State v. Nauni Ram under Section 302 IPC convicting the accused under Section 302 IPC and under Section 29 of the Police Act and sentencing him to imprisonment for life and six months rigorous imprisonment respectively thereunder. However he was acquitted of the charge levelled against him under Section 409 IPC in Sessions Trial No. 457 of 1995, State v. Nauni Ram connected with the sessions trials aforesaid.

(2.) BRIEF facts giving rise to this appeal are that at about 8.45 p.m. on 9th of August 1995 one Raj Kumar lodged an FIR at police station Kala Garh District Bijnor situate at a distance of about 45 paces from the place of occurrence Quarter No. C 615 Work Charge Colony alleging that his brother -in -law SI Om Veer Singh was posted at police station Kala Garh and was residing in Quarter No. C 615 Work Charge Colony situate near the police station. At about 8.30 p.m. that very day he and his brother -in - law Om Veer Singh were taking food when a constable named Nauni Ram armed with a rifle reached at the window of his house aiming the rifle towards Om Veer Singh shouting that he would shoot him as he got his duty fixed in that shift, that thereon Om Veer Singh replied that he should leave the place quietly as he had no concern with his duty and he had not got fixed his duty at that hour as it was fixed by the Head Constable and that in the meanwhile Nauni Ram fired at Om Veer Singh in order to kill him and sustaining the fire -arm injuries Om Veer Singh died instantaneously. The said incident was witnessed by several persons residing in neighbourhood and constables. He also mentioned in the FIR that he recognized the assailant well in the electric light inside the house and outside the house as well. The police registered a crime against constable Nauni Ram under Section 302 IPC accordingly.

(3.) ON the directions of SDM Dhampur Niab Tehsildar Govind Ram went at the scene of occurrence in the morning of 10th of August 1995 and drew inquest proceedings on the dead -body of SI Om Veer Singh and prepared inquest report (Ext. Ka -2) and other necessary papers (Exts. Ka -4 to Ka -7) and entrusted the dead -body in a sealed cover alongwith necessary papers to constables Om Prakash and Achhan Ali for being taken for its post -mortem at 9.30 a.m.