RAM JANAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 21.10.1981 passed by the VIIIth Additional Sessions Judge, Etawah in Sessions Trial No.169 of 1981 convicting the appellants no.1 and 2 under Section 307 IPC read with Section 34 IPC for two years R.I. and convicting the appellant no.3 for three years R.I. under Section 307 IPC.

(2.) The prosecution case, in brief, is that on 19.10.1978 at about 6 p.m. in village Padheen P.S. Auriya District Etawah, the complainant Krishna Bagat was coming from his fields. In the way, near the tubewell of Babu Ram he met Balwant Singh (PW-3) and both proceeded towards the village. When they reached near the field of one Udai they saw the three accused namely Sri Krishan, Ram Janam and Sukhbir coming towards them. Sukhbir and Ram Janam were having Kantas with them while accused Sri Krishan was having a country made pistol with him. The accused Sri Krishan instigated the other accused to catch hold of the complainant and to murder him. The complainant threw away his heap of fodder and ran towards his house. The accused followed him. When the complainant reached near his house (Ghera) the accused Sri Krishan fired a shot towards him but the complainant was escaped because of the distance between the two. After sometime the accused Sri Krishan again fired another shot but it was missed to hit him. However on hue and cry the witness Jaswant Singh, Balwant Singh, Ram Babu and Rajendra Singh and others reached there and the accused took to their heels.

(3.) The complainant got the report scribed through Rajendra Singh (PW-4) near his Ghera. He also found two empty cartridges. The complainant gave this report along with the cartridges at the police station where a check FIR (Ext.Ka.5) was scribed on 8.50 p.m. and the investigation was entrusted to S.S.I. Sri Shiv Shankar Misra (PW-5), who inspected the spot, prepared the site plan (Ext.Ka.3), interrogated the witnesses and after completing the investigation submitted the charge sheet (Ext.Ka.4).