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 sentencing him under Section 302, I.P.C. to imprisonment for life.

(2.) THE prosecution case is that about three years prior to the incident, the Appellant developed illicit connection with Shiv Piari, deceased. When this illicit relationship came to the knowledge of her father Mohan Lal and brother Ram 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 married 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 Neem tree at a short 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. Phoolmati were aroused from their sleep and it is the prosecution case that Mohan Lal was already awake. Immediately after firing the single shot, the Appellant 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 witnesses 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 F.I.R. was written at 2 a.m. and a case was registered. S.I. Rananjai Singh, Station Officer Incharge of the police station immediately took -up the investigation and proceeded to the spot along with 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 -mortem examination at 8 a.m. Post -mortem examination on the dead body was conducted 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:

(3.) ON internal examination, fracture of right maxilla and left parietal and temporal bones was found. Brain matter was found damaged and leaking. The stomach was empty. In the opinion of the doctor, death was caused due to shock and haemorrhage as a result of fire -arm injury.