RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The appellants, Ram Singh and Ramendra alias Ravinder by way of this criminal appeal have assailed the judgment and order of the Additional Sessions Judge, Muzaffar Nagar dated 18.5.1983 convicting both Ram Singh and Ramendra alias Ravinder for commission of the offence under Section 302 read with Section 34 I.P.C..

(2.) The prosecution case insofar as the material for disposal of this appeal is; on 21.10.1981 at 4.45 P.M. the P.W.-1 Sewa Ram who is first informant went to his agricultural field along with his nephew Pramod on tractor, which had an attached trolley, to collect Munji which was being harvested by his another nephew Brijnandan since morning. Pramod was driving the tractor. When they reached at the field, the P.W.-1-Sewa Ram alighted from the tractor and with the help of one Ram Pal and Brijnandan they started uploading the Munji on the trolley of the tractor. In the meantime three persons emerged from adjoining sugarcane field. Two were armed with gun and third one with lathi. They came near Brijnandan and asked him that why he had abused them. The two assailants who had gun, immediately thereafter opened fire hitting Brijnandan. The gunshot caused grievous injuries to Brijnandan on his face and chest, as a result of which Brijnandan fell down on the ground and succumbed to his injuries.

(3.) The P.W.-1, Pramod Kumar and Ram Pal who were present on the spot sounded an alarm. Having heard the noise of the gunshot and their alarm, Om Prakash P.W.-3 and Raj Kumar P.W.-4, who were returning from Deoband towards the village rushed to the spot. The aforesaid two persons saw the assailants who were standing at the spot. After sometimes several other residents of the village assembled on the scene.