RAJ BAHADUR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is preferred to assail correctness of the judgment dated 25th February, 1983 passed by Vth Additional Sessions Judge, Agra recording conviction of accused-appellant Raj Bahadur Singh for an offence punishable under Section 302 read with 34 Indian Penal Code and sentencing him to undergo life term imprisonment.

(2.) In brief, factual matrix of the case is that at the instance of one Sri Tehsildar Singh a first information report was lodged at Police State Tundla on 15th January, 1982 relating to offence under Section 302 Indian Penal Code.

(3.) As per the averments contained in the first information report (Ex.Ka.5) deceased Ameer Singh resident of village Nagla Shital had some small business in partnership with accused Raj Bahadur Singh. Both the persons were living in same campus and at that time Raj Bahadur Singh developed illicit relations with sister-in-law (bhabhi) of Ameer Singh. On having knowledge of this fact, Ameer Singh returned to his native village but Raj Bahadur Singh used to visit that place also. On several occasions, Raj Bahadur Singh was warned but of no consequence. On the fateful day at about 7.00 pm informant Tehsildar Singh (PW3) heard voice of Ameer Singh he was asking for help by referring that Raj Bahadur will kill him. At that time, Tehsildar Singh also heard noise of firearm shot. Some of the family members of informant immediately rushed to the place where from noise was heard and noticed that Raj Bahadur along with three other persons was coming out and he was having a country made pistol in his hand. Inside the room deceased Ameer Singh was found in unconscious condition. He was taken to the Firozabad Hospital on 5th January, 1982. On 7th January, 1982 Ameer Singh died during the course of treatment and his body was subjected to autopsy. The investigating agency investigated the entire matter and during course of that prepared a report of inquest, drawn the statement of witnesses as per provisions of Section 161 of Code of Criminal Procedure, 1973 and also sent the blank cartridges and used pellets for serological examination. After completing the investigation, a police report as per provisions of Section 173 of Code of Criminal Procedure, 1973 was filed before the court competent. The case being triable by the court of sessions was committed to it and learned Vth Additional Sessions Judge on 25th August, 1982 framed a charge against the accused-appellate in the tune that he along with three other persons on 5 day of January, 1982 at about 7.00 pm in village Akbarpur, Police Station Tundla, District Agra formed common intention to commit murderous assault on Ameer SIngh and in furtherance of said common intention, Ameer SIngh was murdered by him and as such he committed an offence under Section 302 read with Section 34 of Indian Penal Code, which was within the cognizance of the court. The charge was read over and explained to the accused in hindi. On denial of the charge, trial commenced as desired by the accused.