AJAI PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is am appeal against the judgment and order dated 6-3-1978 passed by Sri Mohan Singh the then 5th Additional Sessions Judge, Fatehpur by which be convicted Ajaipal Singh appellant under section 302 IPC and sentenced him to imprisonment for life.

(2.) THE appellant and deceased Rajendra Singh were residents of village Mauhal, Police Station Kalyanapur, District Fatehpur. About 15 or 20 days prior to the murder of Rajendra Singh the sister-in-law of the latter was ill. On that day at about 11 in the night, when the deceased, along with Jageshwar Singh, Virendra Singh, Surajdin and Mahabir Singh was sitting at the door of his house, the appellant, along with Ram Asrey and Lala Singh came towards that side and stood on the "rasta" and started laughing and talking loudly. THEy were asked as to who they were on which Ram Asrey disclosed his identity. Virendra Singh then told the appellant and his companions that at such a time tbey should hot make noise. It is said that the appellant and his companion Lala Singh then climbed on the "Chabuttra" of the deceased in a fighting mood. THE prosecution has alleged that at the said time Rajendra Singh slapped the appellant and pushed him down from the chabutra. THE appellant then went away after advancing threats.

(3.) PW 14 Dr. S. K. Gupta was Medical Officer, District Hospital Fatehpur. He had medically examined Rajendra Singh deceased on 29-4-1977 at 7 P. M. and had found the following injuries on his person :- 1. One gun shot wound of entry 3-1/2" x 3/4" x abdominal cavity deep on Rt. Side of abdomen 1/2" away from the mid line of abdomen upper limit lying 4-1/2" below x iphisternum with multiple loops of small intestine and omentum protuding outside the wound. Blackening and tattooing was present. Bleedding was profused. Direction front to back. 2. One gun shot wound of exit 1/4" x 1/4" x abdominal cavity deep on the back and lower part in mid line 1-11/2" above the tip of cocy x Blackening and tattooing was absent.