RAM PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal ap peal has been filed against the judgment and order dated 22.11.1982 passed by the learned Sessions Judge, Deoria convicting and sentencing the appellant Ram Pratap Singh to imprisonment for life under sec tion 302 IPC. However, by the same judg ment, the co-accused Munni Singh, Baij Nath Singh and Surendra Singh were acquitted of the charges under sections 302/34IPC.

(2.) BRIEFLY, the prosecution's case was that at about 12.30 in the night intervening 3/4.12.1980 when the informant Chhote Lal Singh along with his grand-father, Ram Lachhan Singh, the deceased were sleeping in the verandah (Osara) of their house, his uncle Ram Narain Singh and his cousin brother Vyas Singh were sleeping on the verandah (Osara) of the adjoining house, the appellant Ram Pratap Singh armed with bomb, co-accused Munni Singh and Baij Nath Singh armed with guns and Surendra Singh carrying a lathi arrived there. The accused persons challenged Ram Lachhan Singh by hurling abuses and thereafter appellant Ram Pratap Singh hurled a bomb on him. On this the infor mant and others woke up. Ram Lachhan Singh died on the spot as a result of the bomb injury. The accused persons were identified in the torch light and in the light of the lantern, which was burning there in the verandah. The accused ran away from the spot threatening to shoot down or to hurl bombs on the witnesses. They were not followed by the witnesses out of fear.

(3.) THE investigating officer also ex amined Ram Narain Singh and Vyas Singh on the same day and on the next day he was shown the lantern and torches of the witnesses and he prepared their recovery memos (Ext. Ka 4 and 5). THE accused sur rendered in Court on 19.12.1980. He sub mitted the charge sheet after completion of the investigation (Ext. Ka-15).