KHEM KARAN Vs. STATE OF U P

JUDGEMENT

(1.) Instant criminal appeal has been preferred against the judgment and order dated 2.5.2006 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Shahjahanpur in Sessions Trial No. 1634 of 2004 arising out of Case Crime No. 65 of 2004, under Section 302 & 120-B I.PC., Police Station Seharamau, District Shahjanapur and Sessions Trial No. 1635 of 2004 arising out of Case Crime No. 66 of 2004, under Section 25/27 of the Arms Act, Police Station Seharamau, District Shahjanapur whereby appellant Khem Karan was convicted for the offence under Section 302 I.P.C. and was sentenced to undergo rigorous imprisonment for life. He was also convicted for the offence under Section 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 3,000/- with default stipulation of three months additional imprisonment. Both the sentences were directed to run concurrently. However, co-accused Ram Bharose was acquitted of the charges levelled against him.

(2.) In brief the case of the prosecution was that complainant Ram Kumar lodged an F.I.R. at Police Station Seharamau on 8.4.2004 at 7:45 a.m. alleging therein that there was a general rumour in the village that daughter of Ram Bharose had some illicit relations with the brother of the complainant Ram Ladaite and also with Khem Karan (appellant) and Bateshwar. In the night on 7.4.2004 at about 9:30 p.m. Ram Ladaite had gone to wonder in the village and the complainant and his two brothers, namely, Savesh and Ram Raees were taking their meals. At that time, they heard the cries of Ram Ladaite. Hearing the cries, complainant along with his brothers rushed towards the said place and found that appellant Khem Karan was holding the collar of Ram Ladaite's shirt from his left hand and was having a country-made pistol of 315 bore in his right hand. He shot a fire on Ram Ladaite, due to which he fell down and died on the spot. The complainant and his both brothers made an effort to apprehend the appellant but the appellant re-loaded his country made pistol, aimed it on complainant and threatened the complainant side. Thereafter he ran away in the western direction. It was alleged in the F.I.R. that his brother Ram Ladaite has been murdered in furtherance of conspiracy hatched by co-accused Ram Bharose. It was explained in the F.I.R. that due to night and due to the reason that the police station was situated across the river, he could not go to lodge the report, in the night.

(3.) On the basis of this F.I.R., case was registered. The Investigating Officer prepared the inquest report, inspected the place of occurrence and also recovered one empty cartridge of 315 from the place of occurrence and the dead body was sent for postmortem. During investigating on 9.4.2004, appellant Khem Karan was arrested by the police at about 5:15 a.m. and on his pointing out, weapon of offence (country made pistol of 315 bore and two cartridges) were recovered and its memo was prepared and a separate case under Section 25/27 of the Arms Act was registered at Case Crime No. 66 of 2004, which was subsequently tried along with main offence. The place of recovery was also inspected and its site plan was prepared.