MAHESH KAHAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 12.3.1984 passed by the VIth Additional Sessions Judge, Kanpur in Sessions Trial No. 368 of 1983 whereby the Appellant was convicted and sentenced to undergo imprisonment for life for offences under section 302 IPC read with Section 34 IPC.

(2.) Background facts in a nutshell are as follows:

(3.) Prem Singh and Ram Dayal Singh, first informant were sitting in the Verandah of the house on 17.5.1983. At about 10 P.M., the accused Mahesh Kahar and Brij Mohan alias Balli along with one Satya Narain, who is absconding, reached at the house with a motor cycle and enquired whether Vijai Singh is present. Prem Singh and Ram Dayal Singh told them that Vijai Singh is in the room. At this, both the accused along with Satya Narain went in the room of Vijai Singh on the first floor and started talking to Vijai Singh. Satya Narain asked Vijai Singh as to why he has not brought Km. Aruna. At this, Vijai Singh replied that he has no concern with Km. Aruna. The accused Satya Narain threatened him and stood up with anger. At this Vijai Singh said that he knows all misdeeds of him and will see him. Thereafter Satya Narain fired two shots from a pistol towards Vijai Singh which resulted into the death of Vijay Singh. After Vijai Singh died, Satya Narain and two accused fled away on that motor cycle threatening other occupants of the house. Prem Singh and Ram Dayal Singh tried to chase them, but could not catch hold of them. It is alleged that the incident was witnessed by the said witnesses in the light of the electric bulb.