BHANTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 16.12.1982 passed by Additional Sessions Judge VIII, Bareilly in Sessions Trial No. 130 of 1982 under section 302 Indian Penal Code (in short, IPC), Police Station Nawabganj, District Bareilly arising out of Case crime no. 268 of 1981 whereby appellant/accused Bhanta alias Bhagwan Dass was convicted under section 302 IPC and sentenced to life imprisonment.

(2.) The facts briefly are that deceased Basant Lal lodged an oral First Information Report (in short, FIR) at Police Station Nawabganj, District Bareilly disclosing that appellant/accused Bhanta alias Bhagwan Dass son of Sri Narain had entered into his house without invitation infuriating the deceased who gave appellant substantial beating. Appellant obviously was unhappy with the deceased but he masked his true feelings and kept pretense of normal relationship.

(3.) On 19.12.1981 i.e. on the date of incident, deceased after completing work on Government farm, was coming back to his home but appellant Bhanta alias Bhagwan Dass met him at nearby farm and requested him to lift his patala lying close to a well. Deceased was thus inveigled by appellant/accused to accompany him towards a well situated towards western side of village Richola. Both deceased and appellant belonged to village Garen. On their way, at about 6:30pm suddenly appellant Bhanta alias Bhagwan Dass whipped out a gun from his clothes virtually indicating his intention to kill and shot the deceased on his chest from close range. The appellant opened second fire which hit the deceased on his neck. Deceased fell down on the floor and started shouting and clamouring for help. Some people who heard this noise of fire arm and cry for help of deceased, ran towards the place of occurrence. At this appellant Bhanta alias Bhagwan Dass shot at the deceased third time on his back and then, ran towards south. The witnesses who came from village Richola put the deceased on Charpai (cot) and took him to Police Station where he orally recorded his FIR and then his statement was also recorded. Police took the injured to Primary Health Center (in short, P.H.C.) Nawabganj, where he was examined by PW-1 Dr. K.N.Patni at 8:10pm. Deceased was medically examined and medical report (Ex. Ka-1) was prepared. All three fire arm injuries were noted during this examination. Doctor found the following injuries on the person of deceased Basant Lal :-