R K SHUKIA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.7.1977 passed by the Sessions Judge, Etah, whereby he has acquitted Todi and Manoon accused of the charge under section 302/34 Indian Penal Code but convicted Lala Ram appellant under section 302 Indian Penal Code and sentenced him to life imprisonment.

(2.) Brief facts of the case are that on 11.4.1976 complainant Kamta Prasad, his brother Narsingh Pal and his father Hakim Singh harvested upto 1 p.m. their gram crop standing in a portion of their Chak situated just on the boundary of their village Sikara. Thereafter the went to take their food at their house. At about 4 30 p.m. when they went back to their Chak to collect the aforesaid harvested gram crop, they found that accused Todi and Manoon of the adjoining village Nagla Rajan had pushed their cattle in the gram field and the cattle were damaging the harvested gram crop. When the complainant protested, then abuses started between the parties and Todi accused plied Lathi on Hakin Singh. Ram Chandra, Moti and Pokhpal, who were in the neighbouring filed tried to mediate. At that very time, Lala Ram appellant came running from Nagla Rajan and fired a shot at Hakim Singh father of the complainant. He received gunshot injuries in his abdomen and fell down on the ground. Thereafter all the accused ran away.

(3.) Hakim Singh was taken to police station Ganjdundwar where an FIR. was lodged on 11.4.1976 at about 7.30. p.m. and a case was registered under section 307, Indian Penal Code. The injured Hakim Singh was sent to Ganjdundwar dispensary but the Medical Officer was not present and the Compounder after dressing the wound, advised the complainant to take him to the district hospital, Etah. The complainant arranged for a private bus to take the injured to Etah; but the injured Hakim Singh died near the town hall. The complainant came back with his body to the Police Station. The crime was convened from Section 307 to 302, Indian Penal Code. Shri Ram Bachan Tewari (P.W. 6) 10 was present at the Police Station. He took up the investigation, prepared the inquest report and sent the body for post mortem examination.