CHUNNI LAL Vs. STATE OF U P

JUDGEMENT

(1.) The accused-appellant Chunni Lal was tried before II Additional Sessions Judge, Banda in Sessions Trial No. 354 of 1980 for the offence punishable under Section 302 I.P.C. for allegedly committing murder of his uncle Heera Lal at about 8.00 P.M. on 7.5.1978 at the latter's Khalihan situated in Village Baramafi, Police Station Pahari, District Banda. The F.I.R. was lodged on 8.5.1978 at 6.30 A.M. by Juggi Lal PW 1 (eyewitness). The distance of the police station from the place of occurrence was about eight miles.

(2.) Broad essentials of the prosecution case were these: Ram Ratan-Brahman by caste, had two sons Ramdeo and Heera Lal (deceased). Ramdeo was alive at the time of the incident having two sons Chunni Lal (accused) and Jagdish. Heera Lal was unmarried but was keeping one Kainya alias Chandrakaliya as his mistress or concubine for the last about 25-26 years preceding the incident, though she had been married to one Jagannath Kalar of the same village Baramafi. A few years before the incident, Heera Lal, it was said, performed marriage also with the said lady and a document had been executed in this behalf on 15.2.1978 before the Marriage Officer. It was alleged that after the registration of the marriage of Heera Lal with the lady abovenamed through a document before the Marriage Officer, the accused-appellant Chunni Lal was chagrined as his hope of succeeding to his estate was lost. It was said to be the cause of the incident. Juggi Lal PW 1, Ram Sakh PW 2 and five other sons were said to have born out of the wedlock of Heera Lal and Kainya alias Chandrakaliya Ancestral land had been partitioned between Ramdeo and deceased Heera Lal each being in possession of 72 bighas of land.

(3.) Khalihan of the deceased was situated at a distance of furlong from the village abadi. On the fateful day and time, the deceased was processing the harvest of mustard crop in his Khalihan. The processing of separating chaff from the grain with the help of a fan was going on. Juggi Lal PW 1, his brother Ram Sakh PW 2 and their servant Sri Keshan PW 5 were engaged in such process, helping Heera Lal. A petromax was kept lighted. Heera Lal had kept his DBBL gun with belt of cartridges nearby. The accused-appellant Chunni Lal came their empty handed, picked up the DBBL gun of Heera Lal, took out two cartridges from the belt, filled the same in the DBBL gun and opened fire on Heera Lal. On receiving the first shot, Heera Lal fluttered and fell down. Chunni Lal opened second shot on him which also hit the deceased and he died at the spot. Chunni Lal took to his heels with gun and belt of cartridges to the southern side. Juggi Lal PW 1 and Ram Sakh PW 2 chased him. Ram Sakh felled Chunni Lal by catching his leg and snatched the gun from him. However, the accused managed to extricate himself and ran away with the belt of cartridges. Owing to night time, the informant could not go to the police station to lodge the F.I.R. which came to be lodged the following day as stated earlier. The incident was alleged to have been witnessed by Jagdeo Pradhan also. A case was registered. The investigation followed as usual. Rampati Misra PW 3 was the first Investigating Officer. The investigation was concluded by Raj Narain Shukla PW 4.