SANT RAM Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Sant Ram was tried by Sessions Judge, Kannauj in Sessions Trial No. 191 of 1999 for offence under Section 302 I. P. C. and was convicted for life imprisonment for the said offence vide impugned order dated 28-4-2000, which conviction and sentence has been challenged by him in the instant appeal.

(2.) ACCORDING to the prosecution allegation in thumb bail description appellant called the deceased on 19- 1-1999 a false pretext of looking the crop and after proceeding about a kilometre shot dead the deceased Shiv Charan in the wheat field of Mohan Lal in between village Patiyan and Akuran at 4. 00 p. m. On that day. The fire shot attracted informant Ram Narayan father of the deceased, Ram Avtar and other villagers of village Patiyan who saw the incident. The accused made his escape good thereafter. Informant got the F. I. R. scribed through Shiv Narayan and lodged it at police station Kannauj on the same day at 6. 15 p. m. , covering a distance of 9 Kms. as crime No. 41 of 1999. The motive for the murder was stated to be old enmity.

(3.) PROSECUTION in order to bring home the charge against the appellant examined seven witnesses as P. W. 1 Manni, P. W. 2 Ram Awtar, P. W. 3 Amar Singh, P. W. 4 Ram Naryan, P. W. 5 doctor Sudhanshu (Post-mortem Doctor), P. W. 6 Raj Bahadur Constable (who prepared the chik F. I. R. and G. D.) and P. W. 7 R. C. Sharma (I. O. ).