LEKH RAJ Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 17/5/1985 passed by the IInd Additional Sessions Judge, Moradabad in Sessions Trial No. 127 of 1983 (State vs. Gajram & Ors.) convicting and sentencing the appellant under Ss. 302/34 IPC to life imprisonment and under Sec. 307 IPC to undergo four years' R.I. Facts

(2.) The prosecution was initiated by Hetram (P.W.-1), son of Sohan Lal, residing in the village of Rahauli, Police Station, Kudh Fatehgarh District, Moradabad. On 13/6/1982, he submitted an application (Ex. Ka-1) at P.S Kudh Fathehgarh stating that as usual, he and his mother, Barfa Devi, were sleeping in the courtyard of their house. His younger brother, Chhotey Lal, was sleeping on the roof of Lekhraj, son of Jhamman Singh. The roof of Lekhraj was adjacent to their house. At approximately 2:00 a.m., their sleep was disrupted by sound of gunfire. Both of them woke up and climbed up the ladder and went to the roof. He saw in the moonlight that Gajram, son of Chhiddu Singh, armed with a gun, Ram Singh and Dhian Singh, both sons of Chhiddu Singh holding clubs, Niranjan, son of Devi Singh, holding a 'farsa', Lekhraj, son of Ram Swaroop, armed with a gun, his brother Jagan Singh armed with a country-made gun and Prem Pal, son of Bahori Singh, were standing on the roof.

(3.) As soon as the informant saw them, he came down raising an alarm. Just as he came down, his mother Barfa Devi also climbed up the ladder. She also raised alarm. However, she was shot at by Lekhraj, and sustained gunshot injuries on her head. Upon hearing the alarm, Lekhraj, Girindi Singh, and Mohan Singh also arrived there and witnessed the incident. The informant further revealed that one of the accused, Gajram, was arrested by the police on allegation of being a gangster. He was a witness in that case, which had led to animosity between him and Gajram and others. The application addressed to the SHO, P.S. Kudh Fatehgarh, District Moradabad was submitted by informant Hetram. On the basis of this written report, P.W.-7 Constable Clerk Surendra Singh prepared a formal FIR (Ex. Ka-3). Corresponding entry in the General Diary at Sl. No.7 was also made by him. A carbon copy of the GD entry is Ex. Ka-4. An FIR bearing Case Crime No.85 of 1982 under Sec. 147, 148, 149, 302, and 307 IPC was lodged against Gajram, Ram Singh, Dhian Singh, Doongar Singh, all sons of Chhiddu Singh, residing in Rahauli, Niranjan Singh, son of Devi Singh, residing in Village Rahauli, Lekhraj, and Jagan Singh, both sons of Ram Swaroop, residing in Village Kasaura at Police Station Baniya Kheda, District Moradabad.