SHYAMA Vs. STATE

JUDGEMENT

(1.) Heard Sri Shams Uz Zaman along with Sri Mukesh Kumar Pandey, for the appellant and Sri I.P. Srivastava, AGA, for State of UP.

(2.) Shyama (the appellant) has filed the present appeal from his conviction and sentence passed by IX Additional Session's Judge, Moradabad, dated 15.09.1986, in S.T. No. 582 of 1985, State Vs. Shyama and others (arising out of Case Crime No. 120 of 1985, under Section 302/120-B IPC, P.S. Hajratnagar Garhi, District Moradabad), convicting him under Section 302 IPC and awarding sentence of imprisonment for life.

(3.) On oral information of Bhagwati (PW-1) , FIR (Ex.Ka-1) was lodged on 24.06.1985 at 19:15 hours at P.S. Hajratnagar Garhi, District Moradabad by Clerk Constable Ratiram (PW-7). The fact as disclosed in the FIR are that Bhagwati was wife of Ramratan, caste Jatav resident of village Sonakpur, which is lying within the limit of aforesaid Police Station. Mauji Ram, Shyam Singh Jatav of her village are having good friendship together. At about three years ago, Mauji Ram wanted to grab her land by forging sale deed. On coming to know about it, her husband got it stayed and a suit in this respect was pending before Munsif Court. Mauji Ram was keeping enmity with her husband, due to this reason. Eight days prior to this incident Jabar Singh son of Shyama and Kedar son of Shiv Charan had assaulted and abused her son Rajpal, of which an information was given by her husband at the Police Station on next date. Shyama and his son Jabar Singh came to know about it. Since then Shyama and Jabar Singh began to thatch a plan of the murder of her husband sitting at dalan of Mauji Ram, which was heard and seen by Pradhan of the village and Jhandu and others. Today, afternoon, she, her husband and her son Rajpal were scraping grass in the chak of Pooran Singh Jat in western side of village Handalpur. They were scraping grass. sitting at some distance from each other. Kundan Singh, the resident of her village, was also scraping grass there. Genda Singh Fauji resident of Gwarkheda was irrigating field of his relation, through diesel engine. At about 5:30 PM Shyama, keeping tabal, at his shoulder, came there, according to their conspiracy and inflicted tabal blow upon her husband, on his head and other part of body, while he was scraping grass, from his backside with intention to kill him. Due to which her husband died on the spot. Thereafter, Shyama ran away along with his tabal towards east. Due to his terror nobody had dare to chase him. Witnesses have also seen the incident of causing murder of her husband by Shyama in consultation with Mauji Ram son of Kallu and Jabar Singh. The dead body was lying on the spot.