RAM BHOOL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Janardan Tripathi, learned counsel for the appellant, Sri Pawan Shukla, learned A.G.A. appearing for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 14.12.1983 passed by the 7th Additional Session Judge, Moradabad in S.T. No. 13 of 1981 (State vs. Ram Bhool), whereby the accused appellant Ram Bhool has been convicted under section 302 IPC and awarded punishment for life imprisonment and also has been held guilty under section 29 of the Police Act and awarded punishment of three months imprisonment and both the sentences are directed to run concurrently.

(3.) The prosecution case as unfolded from the FIR is that on 2.9.1980 at about 5.30 p.m. informant Professor Ravindra Singh Solanki (PW1), Lecturer, Department of Geography, J.S. Hindu College, Amroha was strolling in his quarter situated within the college campus, all of a sudden, he heard sound of gun coming from the side of the Varandah of college, pursuant to which he went there and saw that in front of room no. 21, where two police men used to remain on duty with guns, out of them, one constable Ram Bhool (accused) after having seen him threw his gun from the Varandah and ran towards road. After reaching the place of incident, he saw that constable Ishwari Prasad Tiwari was lying on the cot and was within writhing with pain and was screaming also. There was lot of blood on the cot as well as on the floor of the room. In the meantime, Professor Dr Satya Priya Shashtri (PW2) Tribhuwan Prakash Sharma (PW3) also reached there. He (PW1) enquired from Tiwari as to what had happened, whereon Tiwari had stated that his colleague constable Prem Pal had gone to take meals and in the meantime constable Ram Bhool (accused), who was on duty yesterday with him, came and had told him that he wanted to go home without proper leave which was refused by him and on this count an altercation had taken place between them and he had given a threat to him that he would see him. Today he came and after firing upon him with musket, fled from there, therefore, he should make report to the police station by going on his cycle. Ram Bhool was also seen fleeing from there by a betel shop owner who was having a shop out side the main gate and also by two other persons.