LALA RAM Vs. STATE

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 IPC but convicted Lala Ram appellant under section 302 IPC and sentenced him to lite 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 narvested upto 1 p. m. their gram crop standing in a portion of their Chak situate just on the boundary of their village Sikara. Thereafter they went to take their food at their house. At about 4.30 p. m. when they went back to their Chafe 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 Hakim Singh. Ram Chandra, Moti and Pokhpal. who were in the neighbouring field 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.) THE prosecution examined in all eight witnesses in support of its case, out of whom complainant Kamta Prasad PW 1, Moti PW 2, Pokhpal PW 3 and Ram Chandra PW 4, are the eye witnesses of the occurrence. Rest of the witnesses are the aforesaid I. O., doctor and some formal witnesses of police.