ROOP NARAIN Vs. STATE

JUDGEMENT

(1.) By the judgment impugned dated 19.08.1983 passed in Sessions Trial No. 24 of 1983, learned Additional Sessions Judge, Basti while acquitting accused Hari Narain and Ram Bilas from the charge relating to offence under Section 302/34 Indian Penal Code recorded conviction of accused-appellant Roop Narain for an offence punishable under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life term. Aggrieved by the same, instant appeal is preferred.

(2.) Factual matrix necessary to be noticed for adjudication of this appeal is that at the instance of one Sri Jokhan Prasad, a criminal case was registered at Police Station Mahuli, District Basti on 24.10.1982 at 07:15 A.M. The distance of police station from the place of occurrence of the crime is approximately 6 miles. As per the averments contained in the first information report at about four months prior to 24.10.1982, a brawl occurred between Uma Shankar (brother of the informant Jokhan Prasad) and Ram Kailash, Roop Narain and Hari Narain, all residents of Village Chanwariya within the jurisdiction of Police Station Mahuli. Ram Kailash, Roop Narain and Hari Narain alleged that Uma Shankar teased their mother. On 23.10.1982, when Uma Shankar was returning from Kali Jagdishpur on bicycle accused Roop Narain, Hari Narain and Ram Kailash threatened him to face dire consequences and, at the same time, Roop Narain and Hari Narain caused firearm injury, as a consequence to that, Uma Shankar died.

(3.) The incident as per the facts stated in the first information report was witnessed by the informant Jokhan Prasad, his nephew Harish Narain and two other persons, namely, Ram Achal S/o Sarju and Meghnath S/o Vanshu. After getting the case registered, the Investigating Agency initiated investigation for commission of the offence under Section 302/34 Indian Penal Code and, during the course of that, an inquest was prepared, statements of Jokhan Prasad, Harish Narain, Ram Achal and Meghnath were drawn, the corpus of deceased Uma Shankar was also subjected to an autopsy, report of which is available on record as Exhibit Ka-4. According to Exhibit Ka-4, cause of death was coma due to ante mortem injury.