RAM CHANDRA CHANDU Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment of Sri Harish Chandra, Sessions Judge, Etah convicting Ram Chandra alias Chandu under Section 302 of Indian Penal Code and sentencing him to imprisonment for life.

(2.) The prosecution case as contained in the First Information Report lodged by Rajeshwar at 7.45 p.m. on 23-2-1976 in the Police Station Jaithra, District Etah is that the appellant Ram Chandra was his tractor driver. He had been turned out by him a fortnight before the incident as he had been negligent in the performance of his duties. Ram Chandra showed him his temper and gave a threat that he would also retaliate. On 23-2-1976 at about 5.30 p.m. when Rajeshwar informant was returning after taking a round of his field wherein he had sown wheat; Ram Chandra who was lying in a bush suddenly sprang up from that wheat field of his which was near his grove and complained that he had deprived him of his living, although his father did not want him to be dispensed with and whipping out a pistol from his pant pointed it at him. Rajeshwar raised alarm. It was at that very time that his wife Smt. Asha Devi deceased arrived near him while going to ease herself. Ram Chandra fired from his pistol, but as he tilted, the fired instead of injuring him, injured Smt. Asha Devi and she died as a result thereof at the spot. The alarm raised by him and attracted Munshi Lal, Mahesh Chandra and Suresh Chandra. They gave a chase to Ram Chandra appellant but he could not be apprehended.

(3.) The Investigating Officer B.N. Misra who died before the trial commenced, went to the scene of the occurrence. He prepared the inquest report and the other documents Ex. Ka-3 to Ex. Ka-6 for getting the post-mortem examination done. The site-plan Ex. Ka- 7 was drawn by him. He took into his custody the blood stained and plain earth and scribed the documents Ex. Ka.18 and Ex. Ka. 9. He was also shown to have recorded the statements of Rajeshwar Prasad P.W. 1 and Mahesh under Section 161 of the Criminal Procedure Code. The investigation thereafter was taken up by Ram Charan Singh P.W. 4. He recorded the statements of Suresh P.W. 3 on 30-6-76 and also of Munshi who was not examined on that very date and submitted the charge-sheet.