ZORAWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9-8-1977, passed by the Sessions Judge, Budaun in Sessions Trial No. 86 of 1976, whereby he has convicted Zorawar appellant under S.302, I.P.C. and sentenced him to life imprisonment.

(2.) Zorawar appellant was charged under S.302, I.P.C. for committing the murder of Ram Bharosey Singh on 23-11-1975 at about 10 a.m. in village Fatehpur, Police Station Musajhag, district Budaun at the CHAUPAL of the deceased with his gun. The appellant and the deceased belong to the same village Fatehpur. It is alleged that Zorawar appellant has four brothers, the eldest of whom was Lahori, who died issueless two years before the occurrence. Smt. Champa Devi widow of Lahori inherited the property of her husband and sold away the same to Bhograj son of her DEWAR, Ram Sahai and went away to her father's house. Thereafter dispute arose between the brothers of Lahori regarding his property. Nathu and Zorawar appellant formed one party against Ram Sahai. In the evening preceding the murder of Ram Bharosey Singh, the appellant Zorawar and Nathu tried to trap Ram Sahai with intent to kill him. Ram Sahai saved himself by entering into the house of Ram Bharosey and bolting the door from inside. When the assailants went away then Ram Sahai slipped away to his village, Bibipur. Thereafter the appellant developed malice against Ram Bharosey, because Ram Sahai could find his escape with the help of Ram Bharosey.

(3.) On 23-11-1975 when Ram Bharosey was sitting at his Chaupal at about 8 a.m. along with his son Balister Singh (P.W.3), complainant, his uncle Sita Ram, servants Chandra Pal, Subedar and Jagannath (P.W. 6), the appellant Zorawar came there with his licensed gun through northern Galiara and started abusing Ram Bharosey for protecting Ram Sahai on the preceding day. Thereupon all the persons sitting at the Chaupal of Ram Bharosey got up. Ram Bharosey asked Zorawar appellant not to abuse him. Then Zorawar appellant fired two shots from his D.B.B.L. gun on Ram Bharosey, who fell down on the Chabutra of his Chaupal. When the witnesses challenged the appellant, he reloaded his gun and threatened to kill them if tried to move. Therefore, the witnesses did not proceed further due to fear and the appellant made good his escape towards his house which was quite close to the complainant's Chaupal. Ram Bharosey received serious injuries, which were bleeding. The blood fell on the Chabutra. Some pellets hit the outer wall of the room of the Chaupal.