CHET RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 2nd February, 1994 passed by Sri VK. Jain, the then Additional Sessions "Judge, Bareilly in Sessions Trial No. 192 of 1992, State v. Chetram whereby he convicted accused Chetram under Section 302, of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE date of occurrence in this case was 12th November, 1991. The prosecu­tion story was that about ten years before the date of occurrence, Chet Ram, ac­cused-appellant, had committed the mur­der of Tikam Singh, grandfather of the present deceased Anand Pal; but, in the prosecution thereof, he had been ac­quitted, that the accused-appellant Chet Ram has suspicion that Anand Pal (the present deceased) had deployed bad char­acters after him in order to take revengagc of the murder of his grand-father Tikam Singh; that Chet Ram accused-appellant, was a bad character and he had committed the murder of one Natthu Lal also and in that murder case, he had been sentenced to life imprisonment; that on 12th Novem­ber, 1991 at about 5.00 p.m. the informant Deo Pal Singh, Amar Pal, Bhoj Pal and Anand Pal (deceased) were going towards the fields and when they reached near the Chabutra of Harnam Singh, Chcl Ram accused-appellant was standing on the Chabutra having a gun in his hand, that Chet Ram accused-appellant stopped Anand Pal (present deceased) and retorted "Tune Mere pichhe Marne Ko Badmas Laga Rakkhe Hai" that in the meantime Vir Pal also came there, that Anand Pal (present deceased) replied "Maine Koi Badmash Nahi La gaye Tumeh Galat Shak Hai" whereupon Chet Ram accused-appellant retorted, "Tu Baaz Nahin Ayega Jhoot Bolta Hai" and shot at Anand Pal (Present deceared) with gun and run away towards east; that fire arm injury was received by Anand Pal (present deceased) on his abdomen on the right side and due to the fire injury he fell down on the spot.

(3.) THE post-mortem on the dead-body of Anand Pal accused- appellant had been performed on 13-11-1991 at 5.00 p.m. by Dr. A.K. Sharma, PW-6. His material observations were as follows: