PREM NARAIN Vs. STATE

JUDGEMENT

(1.) These are two connected appeals, one by Prem alias Prem Narain, and the other by Nanhey, who were both tried by the learned Sessions Judge of Shahjahanpur at one trial held in May, 1956. Prem was convicted under Section 302 of the I. P. C. for having murdered one Lallan by shooting him with a pistol at about 10-30 p.m. on the 31st of October, 1955, in Mohalla Chaukasi in the city of Shahjahanpur, and sentenced to death for that offence. Nanhey was charged under Section 302 read with Section 34 I. P. C., for having partaken in the common intention of Prem to murder Lallan. The learned Sessions Judge held Nanhey guilty alternatively under Section 302/114 I. P. C., and sentenced him to imprisonment for life. Prem gave out his age as 15 or 16 years, but the learned Sessions Judge thought he was 20 years of age. We ourselves had him before us and we were of the opinion that Prem was nearer 17 than 20 years of age. Nanhey gave his age as 17 years but the learned Sessions Judge thought he was about 20 years of age. We have not had the advantage of seeing him, for he was not before the Court when these appeals were heard by us. Both the appellants were in any case very young persons.

(2.) The prosecution alleged that Prem and Nanhey, finding the deceased Lallan against whom they had a grievance, shot him, Prem using the pistol, when they found him going through a lane" which passes between certain temples, on the night of the 31st of October, 1955, at about 19-30 p.m. The position where the assault was made was indicated on the site-plan prepared by the Investigating Officer. The site-plan shows that the dead body of Lallan was recovered at point D. which was under the steps of the temple of one Nangu. The assailants were said to have shot from a few paces away. According to the site-plan, Prem shot from point B which was to the south of the place where the deceased fell. The lane is a narrow lane and slightly bends a few paces away both to the right and the left of the place where the deceased fell. The only residential house shown on the site-plan is the house of one Beni Madho which abuts the south side of the lane; to the north are two temples, one the temple of Mahabirji, and the other, the temple, known as the temple of Lala Nangu. Beyond the house of Beni Madho to the east is an open space and then there is the temple of Baba Ambar Das. To the north of the temple of Baba Ambar Das across the lane is the chabutra of the temple of Lala Nangu. Beyond the chabutra the lane has a bend and then narrows. The lane runs east and west. At the western end qf the lane beyond the temple of Mahabirji are some steps which lead it on to a passage which goes to the chowk.

(3.) On the night of the incident the deceased Lallan was alleged to have been going to join a feast at the house of Ram Dayal P.W. 15, along with his brother Bhau Lal. When these two brothers had reached within five or six paces of one of the temples they noticed the two accused standing near one of the other temples and as these two brothers had passed by the accused, Nanhey called out to Prem to shoot, whereupon Prem fired and hit Lallan who staggered and fell. According to the witnesses Lallan died accusing the two appellants of having killed him. The accused thereafter ran away from the scene of occurrence. The incident was noticed by several witnesses. Apart from Bhau Lal, who was with the deceased, the incident was seen by P.W. 2 Mool Chand, P.W. 3 Puran Panwala, P.W. 9 Sunder Lal, P.W. 10 Ram Gopal, P.W. 11 Hazari and P.W. 13 Ram Narain.