RAM NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant Ram Narain against the judgment and order dated 20.07.1983 passed by the Sessions Judge, Fatehpur in Sessions Trial No. 332 of 1982 under Section 302 IPC, Police Station Jahanabad, District Fatehpur whereby the accused-appellant Ram Narain has been found guilty of committing the murder of Kallu Sahu and has been convicted and sentenced under Section 302 IPC to undergo imprisonment for life.

(2.) The prosecution version as projected in the FIR is that the accused was married and lived in village Deochali. His father Kallu Sahu lived at village Naseniya alone outside the village Abadi in a thatched hut. The accused was a peon in Amauli college, P.S. Chandpur and his wife had a Parchoon (Grocery) shop there. Some time back the appellant Ram Narain is alleged to have borrowed Rs.2000/- from his father for opening a shop. The deceased father used to demand back his money from the appellant Ram Narain. On 26.6.1982 also when the accused visited the village in the morning the deceased father Kallu Sahu demanded back his money. The accused did not relish this. That very day in the evening when Ram Dhani (P.W.1), another son of the deceased and brother of the accused along with Shambhu (P.W.2), Santosh and Sukhlal went to the deceased for taking him to attend the "Tel ceremony" of Dulare son of Jagdev a cousin of Ram Dhani (P.W.1), they then heard the cries of the deceased Kallu Sahu shouting for help to save him from Ram Narain who was trying to kill him. They rushed to his hut and saw the accused Ram Narain assaulting Kallu Sahu with an axe inside the hut and two unknown persons were standing outside who immediately escaped after seeing them. It was further alleged that the accused Ram Narain in order to scare the witnesses opened fire and escaped and due to fear could not follow him. The complainant Ram Dhani then left Santosh and others with his injured father Kallu Sahu and went to get a bullock-cart. Then he returned with the bullock-cart along with a few villagers and put the deceased Kullu Sahu in it and took him towards the police station. But at about 7 O'clock in the morning he succumbed to his injuries near Panihanala. A written report of the occurrence Ext. Ka 1 was lodged by Ram Dhani at the police station at 8 A.M. On 27.6.82. Head Moharir Bishambhar Nath Dubey scribed the chick report of this case Ext. Ka 12 on the basis of the written report at 8 AM on 27.6.82 and simultaneously registered a case in the G.D. at serial no.11, a copy of which is Ext. Ka 13.

(3.) The investigation of the case was entrusted to Sri Kaptan Singh Yadav S.O. P.W.4 and S.I. Jagjivan Singh P.W. 3. The inquest was conducted on the dead body at the gate of the police station. S.I. Jagjivan Singh prepared the inquest memo Ext. ka 2, diagram of the dead body, challan of the dead body and the letter was sent for post mortem to the C.M.O, Ext. Ka 3-Ka 6. He sealed the dead body in a cloth and prepared the sample seal Ext. Ka7. He also took the blood stained clothes found on the dead body and sealed them in bundle vide memo Ext. Ka 8 consisting of a kurta Baniyan, Angochha, Pancha and a chadar Exts. 1 to 5. The dead body along with the relevant paper was handed over to constables Kaushal Kishore and Man Singh for carrying it to the mortuary of Civil Hospital.