BRESHAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Bresham Singh has preferred this appeal against the judgement and order dated 4-10-1980 passed by Sri Gaya Prasad, the VI Additional Sessions Judge. Mainpuri in Sessions Trial No.236 of 1979 whereby he has been convicted under Sec. 302 I.P.C. and sentenced to life imprisonment.

(2.) The facts lie within a short compass. The deceased was one Ajab Singh and the incident took place in between the night of 7/ 8/11/1977 at about 12 O' clock. The report was made at Police Station Shikohabad by the deceased's brother Kitab Singh, P.W.I. on 8-11-1977 at 9.10 A.M. The appellant allegedly had illicit relations with the wife of one Alam who was the neighbour of the deceased Ajab Singh. Ajab Singh had taken objection to it and had asked the appellant to desist from his immoral activity, as it was likely to produce bad effect on the women folk of his family. The appellant had started harbouring grudge against the deceased on this score. In the fateful night, he was sleeping at his field. His brother Kitab Singh, P.W.I. and his own son Virendra Singh were also sleeping on another cot. At about midnight the appellant appeared there with another unknown person and after accosting the deceased fired on him from the gun that he had. The informant Kitab Singh, P.W.I. raised shout which attracted Nathu Ram, Mahendra Singh Pancham Singh and Gajendra Pati. Mahendra Singh and Gajendra Pati had torches. The victim died then and there. The appellant ran away with his companion. On lodging of the First Information Report, a case was registered and the investigation taken up as usual by S. I. Sobaram Singh, P.W.4. Post-mortem over the dead body of the deceased was conducted by Dr. V. K. Misra, P.W.5 on 9-11-1977 at 4 P.M. the deceased was aged about 40 years and about 1-1/2 day had passed since he had died. The following ante-morten injuries were found on his person. 1. Firearm wound of entrance 3 cm x 2.5 cm x chest deep in the chest front upper side 9 cm from right nipple at 8 '0' Clock position. Oval, margins inverted and blackening, tattooing and scorching seen around the wound. 2. Firearm wound of exit 4cm x 3.5 cm x chest deep on left side of chest 5 'O' clock position from left nipple at a distance of 16 cm. from it. Oval margins averted No blackening, tattooing or scorching, corresponding to injury No.1.

(3.) Fire arm wound entrance 2.2 cm x 2.5 cm x back deep on right forearm back aspect. Above wrist, margins inverted and blackening, tattooing and scorching found around the wound.