DARSHAN Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. This appeal is directed against the judgment and order passed on 16-2-1978 by Mr. Parmata Saroop, the then Sessions Judge of Budaun in Sessions Trial No. 236 of 1977. The learned Judge convicted and sentenced appellants Darshan and Rampal under Section 302, I. P. C. to imprisonment for life and appellant Harroo under Section 302 read with 34, I. P. C. also to imprisonment for life.

(2.) THE occurrence which gave rise to this case, took place on 30-6-1977 at about 10 in the night in the District Hospital, Male Ward within the area of police station Kotwali, Budaun. THE first information report was lodged 30 minutes thereafter by Ramesh Chandra Singh (PW I) brother-in-law of the deceased Smt. Kanti Devi wife of Naresh Pal.

(3.) THIS occurrence took place on 30-6-1977 at about 10 p. m. Smt. Kanti Devi was lying on the bed of the hospital in the verandah of the General Ward, while Ramesh Chander Singh and Bablu were sitting on the edge of this bed towards the east and were talking. Food had already been taken by Bablu and Smt. Kanti Devi at about 8. 00 p. m. and a fluorescent tube light and a bulb were burning in the verandah. There is a Chabutra in front of this Verandah towards the east. Suddenly both the prosecution witnesses saw accused appellants Rampal and Darshan armed with guns and Harroo armed with a tamancha, entered the verandah from the estern side. Ramesh Chander Singh at once drew the child Bablu towards him and both of them took shelter behind a two feet wide pillar of the verandah. Meanwhile Rampal and Darshan stood one towards the north and the other towards the south of this pillar and from there they fired with their weapons upon Smt. Kanti Devi. Rampal fired twice and Darshan once. Smt. Kanti Devi received injuries and fell down from the bed on the ground floor. Then appellant Harroo is said to have fired in the air with the tamancha and all the three appellants ran away towards the south after scaling the southern-wall. The first informant Ramesh Chander Singh (PW 1) lifted Smt. Kanti Devi and put her on a neighbouring bed, which was vacant and himself ran away to the Kotwali. He managed to reach there within 30 minutes and lodged the first information report Ext ka 1 at the Thana at 10. 30 p. m.