RAM GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is preferred to question correctness of the judgment dated 25th November, 1983 passed by learned XIth Additional Sessions Judge, Agra in Sessions Trial No.519 of 1982. By the judgment impugned learned trial court recorded conviction of accused-appellants Ram Gopal Satyadev, Bhoodev and Om Prakash for the offences under Section 302/34 Indian Penal Code. The accused-appellant Om Prakash was also convicted for an offence under Section 307 Indian Penal Code.

(2.) Being aggrieved by the conviction recorded and sentence awarded, instant appeal is preferred.

(3.) As per the prosecution story, a first information report was lodged at Police Station Shamsabad, District Agra on 16th June, 1982 at about 8.05 pm with assertion that on the same day at about 6.00 pm deceased Gopi Ram along and his son Faloram were returning to their home from Phoolpur. Gopi Ram was carrying a licensed gun and a cartridge belt on his shoulders. On arriving at Phoolpur tiraha, Om Prakash, Ram Gopal, Satyadev, Bhoodev and Ashok who were hiding behind the road side shrub intercepted their way. Accused Ram Gopal caught hold of Gopi Ram shouted loudly to shot and eliminate him. Om Prakash then made a firearm shot consequently, Gopi Ram fall down. The gun and cartridge belt carried by Gopi Ram was also snatched by the accused persons. The complainant Faloram being under fear, fled from site with alarm that accused persons were killing his father. Faloram also noticed that the accused persons were dragging his father towards their Nauhara. Brijendra Singh (PW2) and Parsadi (PW4) who were sitting close to the site of occurrence followed the complainant Faloram, who on reaching at his home told his mother Kasturi (PW5) about the incident. Smt. Kasturi, Faloram, Brijendra and Parsadi and several other persons then moved towards the Nauhara of the accused persons, gate of that was open. On arriving at Nauhara, these persons witnessed that Om Prakash, Ram Gopal, Bhoodev, Satyadev were assaulting Gopi Ram with the aid of Ballam Lathi's and farsa. Ram Gopal was armed with Ballam, Satyadev had lathi in his hands and Bhoodev was carrying farsa. Om Prakash was armed with country made pistol which he fired on the team that arrived at the Nauhara along with Faloram and his mother Kasturi Devi. Smt. Kasturi Devi received injuries from the pellets coming out from the firearm shot made by Om Prakash. Kasturi fall down there and became unconscious. The other persons being frightened run away from the Nauhara. The entire incident then was scripted down and information was given at the police station. On basis of the information aforesaid, the investigating agency commenced investigation for commission of offence punishable under Section 302/34 and 307/34 Indian Penal Code.