KALU AND ANOTHER Vs. A.G.A.

JUDGEMENT

(1.) By the judgment dated 22nd October, 1984, learned Special and Additional Sessions Judge, Bulandshahr recorded conviction of accused Kallu for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo life term imprisonment. Conviction of the accused above named was also recorded for an offence punishable under Section 307 IPC and for that he was sentenced to undergo rigorous imprisonment for a term of five years. By the same judgment accused appellant Deodutt alias Jhaua has also been convicted for an offence punishable under Section 302 read with Section 34 IPC and is sentenced to undergo life term imprisonment. He is also convicted under Section 307 read with Section 34 IPC and is sentenced to undergo rigorous imprisonment for a term of 5 years. During pendency of this appeal accused-Kallu has already been died and the appeal has already been abated qua him and as such, the cause of accused Deodutt alias Jhaua is only under adjudication.

(2.) In brief facts of the case are that at the instance of one Sri Natthimal son of Kamal Singh, a criminal case against the accused Kallu and Deodutt alias Jhaua was registered at Police Station Chandpur, District Bulandshahar on 26th September, 1980. As per the averments contained in the first information report, on 26th September, 1980 accused Deodutt alias Jhaua was found in the family fields of the informant plucking sugarcane. Jaswant Singh, brother of the informant objected for that and some heated altercations took place between them. Accused Deodutt alias Jhaua left the field with a threat to Jaswant Singh that he will return with his father to settle the scores. After sometime when Jaswant Singh reached at home, accused-Kallu carrying a licensed gun with a belt of cartridges along with his son Deodutt alias Jhaua came there. Accused Kallu abused Jaswant Singh and on that Ramswarup, son of Balwant, Dayaram, son of Fakira and Jaipal, son of Ramswarup, came there and tried to pacify him. Kallu was highly agitated and during the course of altercations, he fired a shot that caused injury on the chest of Jaswant Singh. As a consequence to the injury aforesaid, Jaswant Singh died. The entire incident occurred at around 6.00 pm on 26th September, 1980.

(3.) During the course of the investigation, the Investigating Agency prepared a report of inquest and also got autopsy on the corpus of deceased Jaswant Singh. After completing the investigation, a police report was filed before the court competent. Being a Sessions triable case the same was committed to the Court of Sessions. Learned Sessions Court framed a charge against accused Kallu for an offence punishable under Section 302 IPC and against the appellant accused-Deodutt alias Jhaua, for an offence punishable under Section 302 / 34 IPC. The charge was read over and was explained to the accused persons. On denial of the same trial commenced as desired.