DAL CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri R.K. Singh, learned counsel for the appellant and Smt. Manju Thakur, learned A.G.A. I for the State-respondent.

(2.) This criminal appeal has been filed by the appellant against the judgment and order dated 9.9.1987 passed by 2nd Additional Sessions Judge, Rampur in S.T. No. 240 of 1986 convicting and sentencing the appellants for imprisonment of life under Section 302 I.P.C.

(3.) The prosecution story is that P. W. 1 Komal Prasad (informant) resident of village Muidi, police station Kemri, district Rampur gave a written report Ext. Ka1 at police station Kemri, district Rampur on 30.5.1986 at 21:45 hours stating therein that his son, Chetram was married to one Ramkali, daughter of Kishan Lal resident of village Juthiya, police station Shahzadnagar. About 13 days before the occurrence, Chetram's wife Ramkali had gone to attend the marriage in the house of his nephew, Babu Ram resident of village Shairakala, police station Milak from where she without telling anyone went to Juthiya. Day before the occurrence, he, his wife, Narma, his son, Chetram and Ganga Devi, grand-daughter of his brother had gone to village Chamarpura, police station Shahzadnagar to attend the marriage of the sister of Nathulal and where they met Chetrama's mother-in-law and made request to her to sent back Ramkali on which she took Chetram, his wife, Narma and Ganga Devi with her to village Juthiya in the morning while the first informant stayed back in village Chamarpura waiting for their return. When he met them at about 6 P.M. at the Chamarpura Bus Stand, Chetram told him that his mother-in-law had refused to send her back and Dalchand and Rajaram sons of Kishan Lal who were brothers-in-law of Chetram had threatened to kill him and they exhorted that they would neither let him return alive to his house nor they would return jewelry which Ramkali had brought with her. Noticing demeanor of Chetram's brothers-in-law, Chetram, his mother and Ganga Devi became terrified. Thereafter, they returned to village Kemri by bus and from there all of them started walking for their village Muidi on foot when they were about 50-60 yards from their village Kemri, Chetram's brothers-in-law, Dalchand and Rajaram resident of village Juthiya armed with country made pistol came towards them at about 8:30 P.M. and the informant asked them to stop after identifying them in the light of the torch but Rajaram caught hold of Chetram and exhorted Dalchand to shoot him on which Dalchand fired with his country made pistol on the chest of Chetram from a very close range on which informant and his other companions started making noise which attracted several villagers to the place of occurrence but by that time both the accused Dalchand and Rajaram had fled towards 'Nahar ki Patri' in the west. They had recognised both the accused in the light of the battery torch. Chetram had died on the spot.