GULAB Vs. STATE OF U P

JUDGEMENT

(1.) The four appellants of this appeal have been convicted by Sri J.S. Singhal, the then Vth AddI. Sessions Judge, Azamgarh, vide his order dated 20th June, 1978. Gulab has been convicted under section 302 IPC and has been sentenced to undergo imprisonment for life Ram Harakh alias Harakh, Dwij and Kharpattu have been similarly convicted under section 302 read with section 234 IPC and have been sentenced to undergo imprisonment for life. The prosecution story resolved round the murder of one Ramdhari resident of village Bankara Buzurg which lies within the Police Station Ghosi, district Azamgarh. This murder took place at about 1 a.m. on 24-6-1977 and the first information report was lodged in Police Station Gnosi stillest at a distance of 6 kms the same morning at 6.30 a.m. by Chandrapati. This Chandrapati is the step brother of the deceased their mother being the same and their fathers being different. The murder took place in front of the Baithaka of Ramdhari deceased. The allegation are that Ramdhari was sleeping on a Charpai and nearby on another Charpai Chandrapati was also sleeping. There was some previous litigation between Ramdhari on one hand and Dwij and Harakh on the other hand with respect to agricultural land. An attempt was made to hold the village panchayat for the settlement of this dispute but it aborted and this settlement could not be made. It is also contended that Ram Harakh and Dwij had threatened Ramdhari with dire consequences and hence this occurrence took place. It is contended that Gulab and Kharpattu were armed with dandhas. Ram Harakh was armed with a lathi and Dwij had a spear. Before we proceed further it may be mentioned that Gulab is the son of Dwij and Harakh is the son of a cousin of Dwij while Kharpattu is his brother in laws brother. They were thus closely related and had an interest in putting an end to the life of Ramdhari.

(2.) It was a dark night and the witnesses are credited with torches. It is stated that on the arrival of the accused-appellants, Chandrapati awakens up and he lighted his torch and saw the four culprits with their weapons and before he could do anything Gulab fired with his Addha on the chest of the deceased. Then Chandrapati raised a cry and witnesses Chhotey Lal P.W. 2 and Falljdar P.W. 3 who have their houses at a. distance of 120 paces according to the investigating Officer and site plan from the scene of occurrence and were sleeping in front of their house got up and with their torches went towards the scene of occurrence. The prosecution story is that Chandrapati was the only eye-witness of the actual offence and it is contended that before the culprits went out of the Baithaka of the deceased. a second shot was fired at the deceased by Kharpattu from very close range of two Angul which hit him on his lip. The two other witnesses, namely, Chhotey Lal and Faujdar simply say that when they rushed with their lighted torches and reached in front of the Baithaka of Ramdhari deceased, they saw the accused-appellant running away towards north. They further deposed that when they gave a chase to the culprits, they were threatened and so they had to return back.

(3.) The post mortem examination in this case was done by Dr. R.R. Rai P.W. 7 on 25-6-1917 at 10.30 a.m. Significantly he does not mention the injury on the lip of the deceased and the only injury he has noted is six gun shot wounds in an area of 21/2 TI x 2T1 on the right side of the chest lower part 4 below the nipple. This injury had a blackening in an area of 2. The right lung had been lacerated at once place under this injury and so also pleura. The liver was also lacerated at once place and the death was due to shock and haemorrhage. Four jugular metallic pieces were recovered from the body of the deceased, one from the liver, another from the right lung and two from the chest muscle. The doctor's opinion is that this injury could have been caused and the death taken place at about 1 a.m. on 24-6-1977.