JAGDISH Vs. STATE

JUDGEMENT

(1.) JAGDISH has preferred this appeal against the judgment and order dated 21-8-1981 of Sri V. C. Jain Sessions Judge, Unnao convicting and sentencinghim under Section 302, I. P. C. to imprisonment for life.

(2.) THE prosecution case is that about three years prior to the incident, the appel lant developed illicit connection with Shiv Fiari, deceased. When this illicit relation ship came to the knowledge of her father Mohan Lal and brother Rani Ganesh, they reprimanded Shiv Piari and asked her to put an end to her illicit relationship. THEy also told the appellant not to play with the honour of their family. About six months prior to the incident, Shiv Piari was mar ried to someone else but even thereafter whenever Shiv Piari came to her parental house, the appellant made approaches to her, but Shiv Piari did not succumb to the desires of the appellant. In the above back ground the present incident took place in the night intervening 25th/26th October, 1977. On the fateful night Shiv Piari and her father Mohan Lal were sleeping on separate cots in a Barotha adjoining to their house in the south. THE Barotha has openings in the south. Ram Ganesh, brother of the deceased was sleeping in an adjoining Kothari with closed doors. Smt. Phoolmati, real elder sister of Shiv Piari was sleeping outside the house under a Neemtreeatashort distance in front of the Barotha. A lighted lantern was hanging in the Barotha on the southern wall of the Barotha. At about mid-night the appellant arrived having a double barrel gun in one hand and a torch in the other hand and fired a single shot from his gun hitting Shiv Piari who died then and there. On hearing the sound of firing, Ram Ganesh as well as Smt. Phoolmali were aroused from their sleep and it is the prosecution case that Mohan Lal was already awake. Immedi ately after firing the single shot, the appel lant escaped, but was seen by the witnesses who chased the appellant. Basdeo, younger brother of the deceased as also Jai Ram, Ram Dayal Yadav, Ram Charan, Mahaveer, Sadhu and Chhotey Lal were also attracted on hearing the alarm raised and joined in the chase of the appellant. THE appellant, however, entered his house. From outside the house, the wit nesses asked the appellant and his brother Jagdeo to come out but none responded. THEreafter in the company of the village Chaukidar, Ram Ganesh proceeded to police station Asoha and on his dictation FIR was written at 2 a. m. and a case was registered. S. I. Rananjai Singh, Station Officer Incharge of the police station im mediately look-up the investigation and proceeded to the spot alongwith S. I. Ram Sumer Upadhyay. An inquest report was drawn-up by S. I. Ram Sumer Upadhyay and the dead body was sent for post-mor tem examination at 8 a. m. Post-mortem examination on the dead body was con ducted by Dr. V. K. Verma of the District Hospital, Unnao on 27th October, 1977 at about 4 p. m. According to the doctor, the death had occurred about one or two days prior to the post-mortem. THE doctor noted the following injuries on the person of the deceased: (1) Fire-arm wound of entrance obliquely placed 3" x 1"bone deep on right side of face on cheek causing fracture of maxilla and base of the skull on right side. (2) Fire-arm wound of exit 1" x 1" on left side temporal region.

(3.) AFTER transfer of Sri Rananjay Singh, Investigation was taken up by S. I. , R. K. Singh who submitted charge-sheet against the appellant. The case was com mitted to the Court of Session in due course. The appellant pleaded not guilty and stated that he has been falsely impli cated.