AJAI PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is all appeal against the judgment and order dated 6.3.1978 passed by Sri Mohan Singh the then 5th Additional Sessions Judge, Fateh pur by which he convicted Ajaipal Singh appellant under section 302 I.P.C. and sentence 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 nigh, 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 Asray 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 they should not make noise. It is said that the appellant and his companion Lala Singh then climbed on the "Chabutra" 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.) In support of its case the prosecution examined 3 eye-witnesses, namely, P.W. 1 Gopal Singh informant, P. W. 2 Sheo Pratap Singh and P.W. 3 Bhawani Din. P.W 4 Indrapal Singh carried (he written report of the incident and empty cartridge to the Police Station. P. W. 5 Dhooni Singh had seen the appellant running away with the rifle from the side of place of occurrence immediately after this incident P.W. 7 Suraj Din and P.W. 8 Jageshwar Singh are the witnesses of the earlier incident, which took place 15-20 days prior to this incident P. W. 12 Shafatullah, S.D.M. had recorded the dying declaration of the deceased. P.W. 9 Constable Jagdeo Prasad bad recorded the first information report and had registered the case P. W. 10 Ram Narain Lal, S.I. had prepared the inquest report of the dead-body. P.W. 13 Constable Bubu Lal had converted and registered this case from section 307 I.P.C. to section 307 I.P.C.