ATMA RAM Vs. STATE

JUDGEMENT

(1.) THIS Sessions Trial arose out of a murder committed of Sri Saheb Singh, Station Officer, Maigalgunj. According to the prosecution story, Saheb Singh, accompanied by Gajadhar Prasad Tewari, Sub -Inspector, had gone to the Court of Addl. Sessions Judge, Kheri, in connection with a case registered under Section 395/397 IPC, State v. Ram Chandra and others. Constable Brij Kishore Misra, who lodged the F. I. R. which set the law in motion, so far as this murder is concerned, is also said to have accompanied the aforesaid officers. After finishing the work at Kheri on 25 -4 -1975 these three persons had boarded bus no. 2193 U. S. H. and were coming back to Police Station Maigalgunj. The bus stopped at Aurangabad Bus Stand and then left aforesaid Bus Stand at about 7.30 p. m. and when it reached tiraha, situated on Lakhimpur Road, Sub -Inspector, R. P. Sharma, and Constable Ram pass, who were returning from their Halqa, boarded this bus at that tiraha. Apart from these two persons, Ram Gopal, Mani Ram, Ram Prakash, Atma Ram and Aziz also boarded this bus. Out of these persons, Atma Ram, Mani Ram and Ram Prakash, were implicated in this murder. It is alleged that when this bus reached near Sadariapur at about 8 p. m. Atma Ram asked the driver to stop the bus inasmuch as he wanted the driver to bring from the roof of the bus his balti and plate. According to the prosecution, there was not only light inside the bus both the head -lights of this bus were on. The driver stopped the bus and climbed up the roof. Mani Ram, Atma Ram and Ram Prakash got down from the bus and stood on the back side of the station officer. Atma Ram asked Mani Ram not to miss. Ram Prakash also gave a sign and thereupon Mani Ram took out his country made pistol from the Jhola and is said to have fired at the Station Officer by putting his pistol on the back of the Station Officer The Station Officer shouted in agony also reeled towards Sub -Inspector Tewa(sic) These three accused thereafter starts running away by first coming in the front of the bus of which the head lights were on and then running away towards north in the direction of galiyara. A chase was given to these persons by several persons including Ajay Kumar, Mahesh Singh, Jagdeo Singh, Rajendra Singh Kheoraj alias writer, Ramadhin, Sheo Kumar as well as Sub -Inspector Sharma and Constable Brij Kishore, but in vain. On return from chase Constable Brij Kishore is said to have picked up a fired cartridge from the road. Thereafter, the bus was brought to Maigalgunj where passengers were made to get down and Brij Kishore lodged F. I. R. at P. S. Maigalgunj on the same date at about 8.30 p. m. and also handed over the blank cartridge. Distance between the scene of occurrence and police station is about two and a half miles. The blank cartridge was sealed at the police station and a memo Ext. Ka -14 of the same was duly prepared. Thereafter, Sub -Inspector Tewari and Constable Ram Das on that very bus took Station Officer to Sitapur Hospital. It may be. noted here that initially the (sic) I. R. was taken down under Section 307 IPC. The motive for this crime according to this F. I. R. was that there were strained relations between the deceased, on one hand, and Mani Ram, on the other, in connection with the recovery of brother woman. There were also strained relations between Swami Dayal dacoit, on one hand, and the deceased, on the other and on several occasions Mani Ram had threatened the Station Officer. About two months and twenty -one days ago, the deceased has arrested Ramesh and others under Section 151, Code of Criminal Procedure and had also attached the land which these persons wanted to take possession of. Ramesh and others were in this connection frequently visiting Mani Ram and Ram Prakash. All these three persons were said to have joined in the commission of this crime. Saheb Singh is said to have died on the way to Sitapur with the result that Sub -Inspector, Udai Narain, posted at Kotwali, Sitapur, was deputed to prepare an inquest report which he did in the District Hospital on 26th April, 1975, and after sealing the dead body, he despatched it for autopsy. Autopsy upon the dead body was conducted by Dr. Narendra Singh Uppal, Medical Officer, Incharge P. A. C. Hospital XI B, Sitapur, on 26th April, 1975, at about 11.45 a.m. The following ante -mortem injuries were found upon the dead body :

(2.) TWO gunshot wounds 1 cm. x 1 cm. each with inverted margins over the front of the left chest in the infra -clavicular region.

(3.) THE defence of Atma Ram was complete denial. His case was that witnesses knew him from before and that he was also shown to the witnesses after his arrest. He also contended that Mahadeo was his grandfather. Ram Gopal had fought election of Pradhanship against his grandfather, Mahadeo. His grandfather had won that election. Ram Gopal, who was Pradhan of Sadarpur had got him implicated in this case. He also contended that there was quarrel between Jagdeo Prasad and Sheo Kumar secretary and that is why he was implicated. Finally he contended that identifying witnesses knew him from before.