BISHRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Bishram Singh, appellant, stands convicted under Section 302 of the Indian Penal Code with a sentence of imprisonment for life, per judgment and order dated the 12th of May, 1978 passed by the then Sessions Judge, Budaun. Three persons, namely, Ompal Singh, Gulzari and Roshan were also tried along with Bishram Singh, for committing the offence of murder, punishable with the aid of Section 34 of the Indian Penal Code. They have been, by the same order, acquitted on that charge and also on other charges framed under various sections, except Section 323/34 of the Indian Penal Code under which Gulzari and Roshan, were found guilty and convicted but were afforded the benefit of the provisions of U.P. First Offencers Probation Act.

(2.) One Nand Ram was fatally wounded on the night between he 25th and 26th of June, 1973 at about 3.30 a.m. on the Chabutra of Khargi of village Gara, within police circle Dataganj, district Budaun. A shot was fired at him from a very close range as a consequence whereof his death was instantaneous. The shot was allegedly fired by the appellant, who had enmity with him. It may be mentioned at the outset that the date, time and place of occurrence, the identity of the deceased, the cause of his death which was homicidal, were not disputed before us on behalf of the appellant and the Court below has rightly recorded findings to this effect.

(3.) The further claim of the prosecution is that Ompal Singh, Gulzari and Roshan had also accompanied Bishram Singh, who had used gun, thereby wounding Nand Ram. Ompal Singh had a Kanta, Gulzari and Roshan, each, had a lathi. Mahendra Pal Singh (P.W. 8) is the real Bhanja of Nand Ram, deceased. He was allegedly sleeping on the same Chabutrd by the side of Nand Ram on that night. When he started running from that place to his house, which is in close proxmity, he was given a chase by the said four persons. Bishram Singh had allegedly fired a shot at him while pursuing, but he escaped injury. The prosecution goes on to say that when Mahendra Pal Singh entered into his Baithaka, Gulzari, Roshan and Ompal Singh started making assault on him with their respective weapons. The shouts and alarm raised by the inmates of the house attracted some persons and on their intervention, all the four persons bolted away. It is also claimed by the prosecution that about 15 days before this incident there was a wordy-dual between the father of Gulzari and Roshan, on one ha,ld,and Nand Ram, on the other, while the latter was trying to put mud on the land belonging to ihe father-in-law of the deceased.