RAGHUBIR SINGH Vs. STATE

JUDGEMENT

(1.) M. M. Lal, J. This is an appeal against a judgment and order dated 26-10-1981 passed by Shri K. G. Rastogi, the then 1st Additional District and Sessions Judge, Bareilly by which he has convicted Raghubir Singh appellant under Section 302 IPC and has sentenced him to imprisonment for life.

(2.) ABOUT two years prior to the occurrence there was an election of the delegates of the Cane Co- operative Society in the village, in which Chiraunji Lal, informant, was a candidate. One Jugendra Singh had supported Budh Sen as a candidate against the informant. la the said election Budh Sen was defeat ed.

(3.) ACCORDING to the case of the prosecution, on 2-11-1979 at about 1 p. m. Babu Ram deceased, along with Cbiraunaji Lal informant, was taking tea at the shop of Vishwanath in village Baheri, within Police Station Baheri district Bareilly, when the appellant carrying the gun, accompanied by two other persons, came there. They shouted towards Babu Ram deceased and told him to hold himself. Thereafter, the appellant fired a shot from his gun at Babu Ram as a result of which he sustained injury and fell down dead at spot. The appellant and his companions were followed for some distance but they could not be apprehended because they were armed with gun. Chiraunji Lal informant then went to P. S. Baheri situate at a distance of 1 km. where he lodged the report of the incident on the same date at 1. 45 p. m.