JAI PAL SINGH Vs. STATE

JUDGEMENT

(1.) The judgment and order dated Oct. 20, 1997 passed by the 1st Additional Sessions Judge, Bijnor in Sessions Trial No. 138 of 1994 State Vs. Jaipal Singh where by convicting and sentencing the accused-appellant for the offence punishable under Sec. 302, I.P.C. P.S. Seohara, District Bijnor is under challenge in this appeal.

(2.) The facts giving rise to the prosecution and conviction of the appellant in a nutshell are: On 2.1.1994 in Seohara police station campus at the chabutra outside the office, H.C. Rakshpal Singh was distributing salary for the month of Dec. 1993 and accused-appellant C.P. 1116 Jaipal Singh, C.P. 243 Ramswarup Singh (deceased) and constables Uma Shanker, Bhadrasen, Naresh Chandra Saxena, Kapil Kumar, Rishiram, Rajpal Mishra, Jogendra Singh, Satyaprakash and Viresh Kumar were present there for receiving their salary. At about 11 a.m. C.P. 1116 Jaipal Singh and C.P. 243 Ram Swaroop Singh after receiving their salary went to Barrack No. 2 where they resided together. All of a sudden sound of indiscriminate firing of shots was heard from the veranda of Barrack. On hearing the sound of firing S.I. Vindhiyachal Singh Gautarn, first informant (P.W. 1), S.I. Preetam Lal S.I. Inspector Singh (P.W. 3) S.I. K.K. Sharma, H.C. Uma Shankar Sharma (P.W. 4), constables Vidhayaram Verma, Omveer Singh, Bhagwan Singh who were present in the office premises of police station Seohara hurriedly reached at the spot and saw constable Ram Swaroop Singh lying in a pool of blood and accused-appellant was sitting on his chest with service revolver in his hand. The accused-appellant was captured at the spot with revolver. Constable Ram Swaroop Singh was found dead. The written report of the incident (Ext. Ka-1) was lodged at P.S. Seohara by S.I. Vindhiyachal Singh Gautam on 2.1.1994 at 11.20 a.m. on the basis of which chick F.I.R. (Ext. Ka-11) was prepared by H.C. 77 Uma Shanker (P.W. 4). The crime was registered at serial No. 22 of the general diary (Ext. Ka-12). The revolver and six empty cartridges used in the commission of offence were taken in police custody under the memo (Ext. Ka-2). The special report of crime was sent the same day at 11.45 a.m. and entry was made in the G.D: at serial No. 23 (Ext. Ka-13).

(3.) The inquest on the dead body of constable Ram Swaroop Singh was conducted by S.I. Preetam Lal (P.W. 7) in the present and under the directions of S.D.M. Leela Singh Chauhan. Inquest memo and other appears were prepared at the dictation of Sub-Divisional Magistrate. He prepared the site plan of the place of offence (Ext. Ka-17). He took in police custody blood stained brick prices and plain brick pieces (Ext. 8 and Ext. 9) to bullets (Ext. 10 and Ext. 11) from the spot under the memos (Ext. Ka-18 and Ex. Ka-19). Blood stained jarsi and woollen shawl (chadar) (Ext. 12 and Ext. 13) of accused-appellant were taken in police custody under the memo (Ext. Ka-20).