VIJAY BAHADUR Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.03.1994 passed by Special Judge (Dacoity Affected Area), Hamirpur, in Sessions Trial No.441 of 1991, State of U.P. Vs. Vijay Bahadur, arising out of Case Crime No.241 of 1991, under Sec. 302 IPC, Police Station-Rath, District-Hamirpur, whereby the appellant has been sentenced to life imprisonment under Sec. 302 IPC.

(2.) Heard Sri Kamal Krishna, Senior Advocate assisted by Sri R.K. Srivastava, Sri Ghanshyam Das and Sri Avijit Saxena, learned counsel for the appellant, Sri A.N. Mulla, Kumari Meena, learned AGAs, Smt. Manju Thakur, brief holder for the State and perused the record of this appeal.

(3.) Gravamen of charge is rooted in the written report Ext. Ka-1 which was lodged by Mukundi Lal son of Kamla Ahirwar, resident of Village-Sarsai, Police Station Rath, District Hamirpur, on 29.06.1991 on 10.05 p.m. against the accused appellant Vijay Bahadur and two others, with the allegations that the informant had purchased some land of one Raghunath, relative of Vijay Bahadur (accused-appellant). Vijay Bahadur wanted to purchase this land from him but he refused to sell the land to him which caused annoyance to the accused-appellant. On earlier occasion, Vijay Bahadur wanted to falsely implicate the informant's brothers Halkai and Dhal Chandra by firing on himself by countrymade gun but on inquiry, the case was found to be false and no action was taken against his brothers by the police. This, too, intensified degree of annoyance of the accused-appellant. Today, the informant along with his brother Dhal Chandra were repairing roof of house. In the evening, the informant's brother had gone to answer nature's call towards 'Marghat' and at the same time, the informant's son Gauri Shanker along with Munni Lal son of Mani Ram and Hardas son of Dallu also went towards Marghat for answering nature's call. When Dhal Chandra after easing himself, reached near bushes lying close to mud elevated path of field of Ballo Kachhi then the accused-appellant who along with another co-accused were lying in ambush possessing countrymade gun, surrounded and said to him that he will not be spared since he is not giving land. The informant's brother Dhal Chandra after raising alarm ran towards the village when Vijay Bahadur along with another accused pursued him and fired on Dhal Chandra around 7:00 p.m. in the evening. Dhal Chandra after sustaining gunshot ran a few steps and fell down. The incident was witnessed besides the informant, his son Gauri Shanker and Munni Lal and Hardas. In this incident, Babu Ram elder brother of the accused-appellant Vijay Bahadur was also involved who was an employee in the forest department at Kanpur. Babu Ram had come to village on 24.06.1991 and had threatened in the presence of the villagers to kill him (informant). Babu Ram had asked Vijay Bahadur to kill the informant's side as and when opportunity arose and rest will be seen by himself. Request was made for lodging the report and taking appropriate action. The written report is Ext. Ka-1.