BHUMI RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal No. 687 of 1983 has been filed against the judgment and order dated 17.03.1983 passed by Sessions Judge, Mainpuri in Sessions Trial No. 325 of 1982, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment.

(2.) The prosecution story in brief is that informant/complainant Om Prakash, brother of the deceased Ishwar Dayal, had lodged an FIR of the incident stating therein that on 10.06.1982 at night, he and his brother Ishwar Dayal were looking after Tari (Extract of palm tree) on the tube-well of Ram Dayal where Ram Dayal, Panna Lal, Bhumi Raj (accused) were also present. This tube-well is situated in the field of Ram Dayal and these persons used to keep watch over Tari. The trees which bear Taris were standing at a short distance from the said tube-well. At about 11:30 p.m. in order to keep watch and to look after the trees, Ram Dayal awoke the informant and his brother Ishwar Dayal (deceased) and the accused Bhumi Raj, on his call, proceeded towards the trees and they were followed by Om Prakash, Panna Lal and Ram Dayal. There was a lighted electric bulb on the roof of the tube-well. The deceased and the accused were going together followed by the informant Panna Lal and Ram Dayal. On reaching at a distance of 50 paces from the tube-well, accused Bhumi Raj suddenly took out his country made pistol and opened fire which hit the deceased in the right side on the axillary line who fell down in the field of Ram Dayal and due to pain he was not in a position to speak whereas accused Bhumi Raj escaped towards the north direction holding country made pistol in his right hand. The witnesses rushed to the spot but could not dare to catch Bhumi Raj (accused) due to fear as he was holding country made pistol. Thereafter, witnesses managed to take the victim Ishwar Dayal to the village abadi but Ishwar Dayal succumbed to his injuries on the way. Complainant Om Prakash put the dead body in front of his house. A written report got prepared through Sri. Ajant Singh and the same was lodged at police station at 7 a.m. on the next day i.e. 11.06.1982. On the basis of the written report, FIR Ex.Ka-3 was drawn up by Constable Shri Niwas and entry was made in the G.D., a copy of which is Ex.Ka-4. The investigation was made over to Sub Inspector Ganga Charan Singh P.W.-6. After completion of the investigation, Investigating Officer has submitted a charge sheet which is Ex. Ka-14 on record.

(3.) The motive and immediate cause for committing the crime as transpires from the FIR and the prosecution evidence stated to be that Jodha Singh took Rs. 4,000/- loan from accused Bhumi Raj and in lieu of that Bhumi Raj took 8 bighas field of Jodha Singh for cultivation which he was not intending to return back to Jodha Singh even after repayment of loan. It is with the support and intervention of the deceased Ishwar Dayal that Jodha Singh got the land delivered back to him and that was the only reason of enmity between the accused and Ishwar Dayal.