RAM KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Srivastava holding brief of Sri Kameshwar Singh, learned counsel for the appellant and Sri O.P. Dwivedi, learned A.G.A. for the State respondents.

(2.) The present appeal has been filed by the appellants challenging the judgment and order dtd. 21/12/1983 passed by learned Sessions Judge, Rampur in Session Trial No. 192 of 1982 convicting the appellant under Sec. 302 IPC for life imprisonment.

(3.) The prosecution story in brief is that eight days before the incident a function to make offering to the village Goddess took place; the offerings were made by keeping articles in a Ghara, which was known in local parlance as "Pagar" in order to seek the assistance to save the village from epidemics; the Ghara was in the hand of brother of the informant, namely, Shiv Lal (deceased), which he was carrying in front of the Goddess, where after seeing Ram Kumar (appellant herein) sitting near the seat of the Goddess, he denied to take Ghara and being offended by such denial Ram Kumar gave threat to Shiv Lal to kill him; on the next day, i.e. 6/9/1982 at about 12 in the noon in Village Dhaulser, Police Station Patwai, District Rampur communist leaders, namely, Fakir Chand and Om Prakash asked to hold a meeting for subscription, where Hemraj, Motiram, Brijlal, Ram Prasad and Shiv Lal were present; Hemraj and other persons in front of Goddess told them that they are poor persons and at the same time the accused Ram Kumar and Suresh were holding tamanchas and Harpal had sword in his hand reached there and threatened Shiv Lal that "Devi ki pagar chadhane ke din bhi tune meri beizzati ki thi aur aaj bhi neta to bulakar meri beizzati kara rahe ho aur is beizzati ka badla lekar rahenge"; thereafter, Shiv Lal for saving his life ran into the house of Motiram, where Ram Kumar entered the house and fired upon him; Shiv Lal fell down in the aangan of Motiram and died; Harpal and Suresh told that if they catch him they will also be killed and aimed tamanchas; thereafter, the accused ran away from the spot; the informant (Hemraj) went to police station and narrated the incident.