RAJ NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by accused appellants against judgment and order?dated 20/21.12.1983 passed by District & Sessions Judge, Ballia in Session Trial No. 196 of 1982 (State Vs. Raj Nath and others)?convicting and sentencing appellant Raj Nath for the offence punishable under Sec. 302 Penal Code (simpliciter) to undergo imprisonment for life and accused appellants Basgit and Buddhan for the offence under Sections 302 Penal Code read with Sec. 34 Penal Code to undergo imprisonment for life.

(2.) Facts of case, in nutshell, as unfolded by informant Smt. Rama Devi wife of Shyam Lal in the First Information Report (in short 'F.I.R.'), are that informant's husband were seven brothers. Younger brother Mahngu had a business of milk in Asam and another brother was having hotel business. Four years ago Raj Nath had taken Rs. 3600.00 from informant's husband to purchase agricultural land but Raj Nath purchased agricultural land in the name of his son only. When this fact came into knowledge to deceased, an altercation took place between deceased and accused Raj Nath. Panchayat was convened and it was decided that out of Rs. 3600.00, Rs. 1700.00 will be returned by Raj Nath but he did not do so, rather threatened to kill the informant's husband. In the night between 19/20.04.1982 at about 12:30 A.M. informant's husband was sleeping on a Chauki in varandah, adjacent to him her son Ashok on the same chauki and informant along with children on her cot were sleeping and a lantern was burning. On hearing sound of some foot steps, informant woke up and saw that accused-appellant Raj Nath accompanying Shiv Bachan, Basgit and Budhan, who were brother-in-law of Raj Nath, came there. Raj Nath opened fire with country made pistol upon her husband and other accused surrounding him were exhorting with the words "kill him so that money may be adjusted". After hearing noise, informant's 'devar' Paspat and other villagers reached there and then accused ran away. Informant's husband received injuries in his thigh, which was caused by Raj Nath with country made pistol.

(3.) On the basis of written report (Ext. ka-1) scribed by one Ramesh, chik First Information Report (Ext. Ka-25) was registered at Police Station concerned on 20.08.1982 at 02:15 A.M. mentioning all details as had been disclosed in Ext. Ka-1. G.D. entry Ext. Ka-26 was also made at the same time.