MANSA RAM MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellant is Mansa Ram Misra who has preferred this appeal against the judgment and order dated 1-10-1980 passed by Sri K. K. Chaube, the then I Additional Sessions Judge, Varanasi in Sessions Trial No. 52 of 1980. He has been convicted under Sec tions 302, I. P. C. and 307, I. P. C. read With Section 34, I. P. C. Life imprisonment has been awarded to him under Section 302, I. P. C. The sentence awarded under Section 307 read with Section 34, I. P. C. is six years rigorous imprisonment. Both the senten ces have been ordered to run concurrently.

(2.) THE incident took place on 5-7-1978 at about 9 p. m. in village Diapur, Police Station Mirza Murad, District Varanasi. One Hari Shanker was mur dered by shooting. Gunshot injuries were caused to another person named Amar Nath Singh. THE F. I. R. was lodged by Deo Bali Singh on 6-7-1978 at 3 a. m. THE dis tance of the police station from the place of occurrence was four miles. THE essential features of the case as per the F. I. R. and the evidence adduced at the trial may be noted. In the day preceding the night of occur rence, the deceased Hari Shanker Singh, informant Deo Bali Singh, P. W.-l, injured Amar Nath Singh, P. W.-2 and Bansh Raj Singh alias Buddhi Singh, P. W.-3 had separately gone to Baraura Bazar from their village Kardhana for sundry personal works. Two days before this occurrence an altercation had taken place between ac cused Mansa Ram Misra and Hari Shanker Singh deceased in Baraura Bazar. A little before the present incident, the accused Mansa Ram Misra, resident of another village Benipur met the abovenamcd per sons. He enquired from Amar Nath Singh, P. W.-2 as to from which Rasta they would return to their village. Amar Nath Singh, P. W.-2 replied that the road was full of mud, hence they would return through the western Pagdandi. Mansa Ram Misra ac cused thereafter went towards eastern side. Shortly thereafter, at about 9 p. m. , the first informant Deo Bali Singh, P. W.-l and his co- villagers, namely, Hari Shanker Singh deceased, Amar Nath Singh, P. W.-2 injured and Bansh Raj Singh alias Buddhi Singh, P. W.-3 left for their village and were passing through the western Pagdandi. THEy reached near the newly planted guava grove of Nanhku Singh. THEre were Behaya bushes at the western end of the grove. Bansh Raj Singh alias Buddhi Singh, P. W.-3 was heading all of them. He was being followed by Deo Bali Singh, P. W.-l, Amar Nath Singh, P. W.-2 and Hari Shanker Singh in a row one after the other. Deo Bali Singh, P. W.-l and Amar Nath Singh, P. W.-2 possessed torches also. Sud denly a man came out of the guava grove and 'behaya bushes. He fired on Hari Shanker Singh. THE first informant Deo Bali Singh, P. W.-l and Amar Nath Singh, P. W.-2 flashed their torches and saw that it was the accused Mansa Ram Misra who fired on Hari Shanker Singh. Bansh Raj Singh alias Buddhi Singh, P. W.-3 also al legedly recognized the assailant Mansa Ram Misra, the accused. All of them raised alarm and rushed towards the side of the assailant Mansa Ram Misra accused. At that very time, three more persons came out of the Behaya bushes and one of them opened fire from his country made pistol which caused injuries to Amar Nath Singh, P. W.-2 THEreafter, the accused and his three unknown companions ran away. After sustaining firearm injuries Hari Shanker Singh staggered for a few paces and then fell down and died. Injured Amar Nath Singh, P. W.-2 was taken to S. S. P. G. Hospital and was ad mitted there. Deo Bali Singh, P. W.-l there after lodged the F. I. R. at 3 a. m. on 6-7-1978. THE investigation was taken up by S. O. Ram Dwar Misra, P. W-6. THE dead body was sent for post-mortem. After conclusion of the investigation charge-sheet was laid against the accused appellant.

(3.) THE death had occurred due to coma as a result of damage caused to heart and lungs producing shock and hemor rhage on account of ante-mortem gunshot injury.