STATE Vs. BHASKAR PRATAP SINGH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 17.09.1981, passed by the Sessions Judge, Sultanpur in S.T.No. 158 of 1981 acquitting the respondent under Section 302 IPC and 25 Arms Act.

(2.) BRIEFLY stated, the prosecution case is that the incident had taken place on 21.11.1980 and the F.I.R of the said incident had been lodged on the same day at about 9.00 p.m. It is alleged that a day prior to the incident first informant Raj Bahadur and deceased Shambho Nath Singh had gone in relation to the marriage of his daughter. Both of them were having their own bicycles. When they were returning home and reached near village Lambhua, respondent Bhaskar Pratap Singh met them. He asked them whether they were going home and requested them to take him with them, as he was suffering from stomach -ache. He wanted to ride on bicycle of the informant. Deceased Shambhu Nath Singh permitted him to sit on his bicycle. They moved from Lambhua on bicycles at about 6.00 p.m.

(3.) THE first informant Raj Bahadur and his brother Paras Nath Singh, who was also accompanying them, came -down from the bicycle and started walking together and chatting. The deceased alongwith Bhaskar Pratap Singh was moving 30 -40 steps ahead of them. The first informant heard the sound of moaning and saw that accused Bhaskar Pratap Singh had opened fire on the deceased with his country made pistol and fled away from the scene of occurrence. Immediately after receiving the injuries Shambhu Nath Singh fell down. The first informant alongwith other witnesses ran while raising alarm and flashing their torches. These people chased the accused but he ran away brandishing his country made pistol and extending threats. The blood was oozing out from the injuries of Shambhu Nath Singh and he became unconscious. Injured was carried to Primary Health Centre on a cot where he was declared dead.