(1.) Accused Ram Naresh, Singh, who was convicted by judgment and order dated 21-9-1991 by Sri C.P.Misra, Special Judge, Dacoity Affected Area, Kanpur Dehat under Sections 302 and 394, I.P.C.and was sentenced to under go imprisonment for life under the first count and ten year' R .I.under the second count has come up in appeal.
(2.) The prosecution story briefly stated is as under : Accused appellant Ram Naresh Singh was employed in Police Force at Banda. He was resident of village Rajapur P.S.Ghatampur District Kanpur Dehat. Deceased Shatrughan Singh was also resident of the same village. On 21-12-1989, the accused appellant had come to his village. He had taken the deceased with him to his house. Deceased Shatrurghan Singh was a well to do man having 20-22 Bighas of land and was also carrying on the business of money lending. He was licensed holder of gun. When the deceased had gone with the accused, he was having his gun with him. He was also having some money with him. The deceased was having money dealings with the accused to the extent that he deposited a sum of Rs. 25000.00 with the accused. The. Prosecution claimed that at about 5 p.m. on 21-2-1989, the accused appellant committed the murder of the deceased on the Chak Road in village Rajapur P .S.Ghatampur District Kanpur Dehat, by firing at the deceased by means of the gun. He also robbed the double barrel gun of the deceased as also a sum of Rs. 130000.00 from the person of the deceased. This incident was witnessed by Ram Prakash PW-1, nephew of the deceased, his father Kamla Singh, Badan Singh PW-2. Rakesh Singh PW-3.
(3.) A written report Ex. Ka-2 about this incident was lodged by Ram Prakash PW-1 on 21-12-1989 at about 8.25 p.m. at P.S.Ghatampur, District Kanpur Dehat. The investigation of the case was taken up by S.I.Rajendra Singh Parmar PW-7. He recorded the statement of the complainant on 21-12-1989 and rushed to the scene of occurrence on 22-12-1989 S.I.Rajendra Singh Parmar inspected the scene of occurrence and prepared site plan Ex. Ka. 11. He recovered blood stained and simple earth from the scene of occurrence and prepared the recovery memo about the same. He prepared inquest report of the dead body of the deceased and sent the same for post mortem examination. Further investigation into the matter was conducted by Sri Dharam Singh S.H.O.PW-8. He recorded the statement of Kamta Singh, Rakesh Singh, Dadan Singh and Ram Kishore on 23-12-89, He also recorded the statements of constable Rakesh Kumar and Head constable Rajendra Prasad. He recorded the statement of accused Ram Naresh Singh on 8-1-90 and after concluding his investigation submitted a chargesheet against the accused.