RAVINDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above appellants have preferred this appeal against judgment and order dated 16-7-1980 passed by IInd Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 150 of 1979 convicting the appellant Ravindra Singh under Section 302, I.P.C. and sentencing him to imprisonment for life and convicting appellant Damodar under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing him to imprisonment for life.

(2.) The prosecution story briefly stated is that Guru Narayan, deceased (70) was husband of Smt. Shakuntla Devi, (P.W. 3) and at the time of occurrence was residing in Mohalla Shiv Puri, P. S. Kotwali, Orai district Jalaun. Prior to three years of the occurrence, Brijendra Kumar, son of the deceased was murdered in which appellant Ravindra Singh and one Surendra, cousin brother of appellant Damodar were convicted to imprisonment for life. The appellant Ravindra Singh preferred an appeal in this Court and was granted bail. At the time of occurrence of this case, he was on bail in the said case. Guru Narayan, deceased was also an accused in the murder of one Radhey Lal, uncle of appellant Damodar.

(3.) Guru Narayan, deceased was working at the Petrol Pump of Bhajan Babu in Kasba Orai. Since he had enmity he used to return his house early in the evening. On the evening of 21-7-1979 Guru Narayan, deceased did not return to his house till 6.30 p.m. Smt. Shakuntla Devi, (P.W. 3), wife of deceased along with her brother Pratap Singh (P.W. 5), who had come to Orai on same day, proceeded to fetch Guru Narayan, deceased. When they reached near Jalaun Bus Stand on the road, the deceased was seen coming. They accompanied the deceased and proceeded towards their house. At about 8 p.m. when they reached in front of the house of Rajendra Kumar Singh, Vakil, appellants Ravindra Singh and Damodar came from behind. Appellant Damodar exhorted and on his exhortation appellant Ravindra Singh fired country made pistol shot upon deceased from behind. On further exhortation by appellant Damodar, appellant Ravindra Singh again loaded his pistol, but in the meantime, Smt. Shakuntla Devi, (P.W. 3) and Pratap Singh, (P.W. 5) raised alarm, which attracted attention of Mahesh Kumar, (P.W. 6) and Keshava Sharan, who also rushed to the spot and then the appellants ran away. There was light of electric bulb on the street poles and electric bulb's light was also coming from the nearby houses. The appellants were recognised by their names in the above light. Sustaining fire-arm injuries Guru Narayan, deceased fell down. He was taken to hospital on a rickshaw, where he was declared dead. Smt. Shakuntla Devi, (P.W. 3) herself prepared report (Ext. Ka-4) and lodged the same at the police station Kotwali, Orai at 8.45 p.m. on the same night. Chik F.I.R. (Ext. Ka-2) was prepared by Constable Clerk, Rang Pal Singh, (P.W. 2), who made an endorsement of the same at G.D. report (Ext. Ka-3) and registered a case under Section 302, I.P.C. against the appellants.