HARENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE accused -appellant Harendra Singh has been convicted under Section 302 I.P.C. and sentenced to life imprisonment by judgment dated 17 -3 -1982 rendered by the Sessions Judge, Kanpur in S.T. No. 364 -M of 1981. Aggrieved, he has preferred this appeal.

(2.) THE incident occurred in between Block Nos. 4 and 5 in F.M. Colony within Police Station Gwaltoli, Kanpur on 15 -5 -1981 at about 1.45 p.m. and the F.I.R. was lodged at 2.45 p.m. by Sheo Pyare Rai PW 1(eye -witness) -son of the deceased. The distance of the police station from the place of occurrence was about 3 -1/2 furlongs.

(3.) ON 15 -6 -1981 at about 1.45 p.m., Keshav Prasad Rai was on his way from his residence after taking meals to the New Victoria Mills -place of his working on cycle. His sons Sheo Pyare Rai and Anil Kumar Rai were also on their way to join their duties after lunch hours. Sheo Pyare Rai was employed in Elgin Mills No. 1 as Assistant Labour Officer while Anil Kumar Rai was an employee in the New Victoria Mills. The accused Harendra Singh and other two accused Sheo Dayal Singh and Sheo Dahan Singh lay in ambush close to Quarter No. 4/1 F.M. Colony. The road was north -south. As Keshav Prasad Rai came near Quarter No. 4/3, the accused emerged from the place of their hiding. On the exhortation of Sheo Dayal Singh and his brother Sheo Dahan Singh, Harendra Singh fired shot from close range on the deceased -Keshav Prasad Rai, who fell down on the ground. The accused took to their heels towards eastern side. The victim was picked up by his two sons named above and Triloki Nath Rai PW 2. He was taken to his residence about 75 paces to the north. Therefrom, he was taken to the U.H.M. Hospital, where he was examined and admitted at 2.10 p.m. He, however, expired soon after at about 2.15 p.m. Written F.I.R. was lodged by Sheo Pyare Rai PW 1 at 2.45 p.m. at the concerned police station. The investigation was taken up as usual. The accused Sheo Dahan Singh died before trial.