KHEM RAJ Vs. STATE

JUDGEMENT

(1.) The present appeal arises against the judgment and order dated 27.1.1989, passed by Special Judge (E.C. Act)/, Addl. Sessions Judge, Jalaun at Orai in S.T. No. 9 of 1988, (State Vs. Khem Raj & another), by which the appellant has been convicted for the offence under Section 302 IPC and sentenced to life imprisonment.

(2.) The prosecution case in nutshell is that a First Information Report has been lodged by Rajendra Singh alleging that his brother Ajit Singh @ Indrapal Singh was married one Guddi @ Urmila daughter of appellant-Khemraj about a year back and the marriage deed was registered with the Sub- Registrar, Konch, District Jalaun at Orai. On account of said fact, Khemraj started bearing enmity with the deceased Ajit Singh and he left the village and started living in District- Jhansi. It has been further alleged that on 24.8.1987 at 2:30 P.M, he alongwith his brother Ajit Singh was returning back to their house from their field (haar) and as soon as they reached in front of the door of Lalaram, Khemraj and Lalaram, both sons of Nanhai armed with country made pistols, came there and challenged them by saying that they have forcibly kept his daughter and dare to pass through his door and asked to shoot him, sensing danger, both of them tried to make their escape good and from the back Suresh Nai and Narain Singh, who were also present there, challenged them. However, Khemraj with an intention to kill his brother opened fire, due to which his brother Ajit Singh received injuries and fell down. In the meantime, a large number of villagers had assembled & on being challenged, both the assailants made their escape good with the country made pistols. The said incident is said to have been witnessed by the first informant-Rajendra Singh, his brother Narain Singh and Suresh Nai. On account of firing made by the appellant, the victim received serious injuries and thereafter he was taken by the complainant- Rajendra Singh to police station Konch, District- Jalaun on a tractor and Majroobi-chitthi was prepared by the police of police station- Konch. The victim was taken to the Joint Government Hospital by constable Shyam Yadav, where he was medically examined. The Medical Examination Report is Exbt. Ka-3. In the meantime, Rajendra Singh, brother of the victim lodged written report at police station- Konch, which is marked as Exbt. Ka-1 and on the basis of which the first information report was lodged, which is marked as Exbt. Ka-13 and necessary entries were made in the G.D, copy of which is marked as Exbt. Ka-14. Soon-after medical examination, the victim Ajit Singh had died and letter was sent from the hospital to the police station- Konch informing about his death, which is marked as Exbt. Ka-4. After receiving said letter, the police of police station- Konch converted the case under Section 302 IPC and necessary entries were made in the G.D, which is marked as Exbt.- Ka 15.

(3.) Since the case was related to police station- Rendhar, as such all relevant papers were sent to the police of police station- Rendhar where the case was registered vide G.D. Report No. 27, which is marked as Kxbt. Ka-17. The investigation of the said case was entrusted to S.I. Sukhram Verma, who reached the place of incident. However, on account of dark hours, the place of incident could not be inspected. Consequently, on 25.8.1987, the Investigating Officer inspected the place of incident and prepared the site-plan, which is marked as Exbt. Ka-18. The inquest was also held on 25.8.1987 by S. I. B.S. Rana (P.W.-5), which is marked as Exbt. Ka-7 and thereafter body was wrapped in a sheet of cloth and was sealed. S.I. B.S. Rana (P.W.-5) also prepared the Photo-lash, Exbt. Ka-8, challan lash Exbt. Ka-9, letters to Medical Officer, Incharge Joint Government Hospital, Exbt. Ka-10 and Exbt. Ka-11 and specimen impression of seal, Exbt. Ka-12 and thereafter sent the body for post-mortem, which was conducted by Dr. R.S. Kushwaha, which is marked as Exbt.-Ka-5 and its carbon copy is Exbt.-Ka-6.