MUNNA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is appeal against the judgment and sentence dated 4.3.1989 passed by the learned IV Addl. Sessions Judge, Kanpur Dehat in Session Trial No. 166 of 1985 State v. Munna Singh and two Ors. convicting the appellants under Section 302 read with Section 34 I.P.C. and sentencing them to life imprisonment.

(2.) According to the prosecution case the deceased Raju was resident of village Chilli police station Ghatampur district Kanpur Dehat. His family members had inimical terms with the accused Karan Singh and his family. On 4.5.1985 the deceased Raju was coming to his house from his field. When he reached at the door of one Ram Pal at about 7.00 P.M. the accused Karan Singh empty handed, accused Kushal Pal Singh armed with licensed gun and accused Munna Singh armed with country made pistol met him. They enquired from the deceased regarding whereabouts of his brother Sooraju. The deceased pleaded his ignorance. At this all these accused persons abused and began to hit him by foot and kicks. An alarm being raised by the deceased , Mangali, Mahabir, Ram Kumar and so many residents of the village reached there. The accused Karan Singh exhorted to kill the deceased and the accused Munna Singh with intention to commit the murder of the deceased fired upon him by country made pistol which hit his stomach. A written report Ext. C-l was scribed by Ramesh C.W. 3. It was submitted by the deceased injured at police station Ghatampur at 21.00 P.M. on 4.5.1985. A chick F.I.R. was prepared under Section 307 I.P.C. On the basis of the written report a case was registered vide G.D. No. 18 Ext. C-2. The injured Raju was sent to P.H.C. Bhitargaon for his medical examination. His injuries were examined on 5.5.1985 at 8.30 A.M. S.I. Desh Raj Singh, Investigating Officer recorded the statement of injured Raju which is Ext. C-6. The injured was later on admitted in U.M.H. hospital where he succumbed to his injuries at 1.45 P.M. on 6.5.1985. The dead body of the deceased was sent for post mortem. The post mortem was conducted on 7.5.1985 at about 1.30 P.M. The post mortem report is Ext. C-4. According to the opinion of the Doctor the death has taken place due to shock and haemorrhage as a result of fire arm injury. After usual investigation the Investigating Officer submitted the charge sheet against the accused appellants under Section 304 I.P.C.

(3.) The accused appellants were charged by the learned Addl. Sessions Judge in an offence under Section 302/43 I.P.C. The accused persons pleaded not guilty and claimed trail.