RANVIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 2-12-1980 passed by Sri S. K. Verma, the then learned VIIth Additional Sessions Judge, Etawah in Sessions Trial No. 38 of 1980, convicting the appellant Ranvir Singh under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The prosecution case, briefly stated, is that Gur Narain, (38), deceased, brother of Mahraj Singh, (P.W. 1) was resident of village Makrandpur, P. S. Airwa Katra. Smt. Munni Devi, (27), co-accused, who was acquitted by the Trial Court, was aunt of Gur Narain, deceased and belonged to his family. She was widow having two children and was residing separately in separate house. Towards north of house of Smt. Munni Devi, there was some open land belonging to Sobha Ram, uncle of Gur Narain, deceased. Sobha Ram had given his above land, towards north of house of Smt. Munni Devi, to the deceased in exchange. Smt. Munni Devi, co-accused wanted to grab said land and in this connection she had pressurised the deceased through appellant Ranvir Singh with whom she had illicit connection, to leave the said land. The deceased was not ready to part with the said land in favour of Smt. Munni Devi and on account of it Munni Devi as well as Ranvir Singh, appellant were inimical with the deceased.

(3.) On the morning of 11-7-1979 at about 5 A. M. Gur Narain, deceased was sitting on a Charpai in his Chhappar, adjacent to his house, after providing fodder to his cattle. His wife Smt. Prema Devi, (P.W. 2) was also standing near him. In the meantime, appellant Ranvir Singh came near the Charpai of deceased and started abusing him saying that since he had not left the land, he would be told its consequence, hearing the abuses extended by Ranvir Singh, appellant, Mahraj Singh, (P.W. 1), brother of deceased, his mother and sister came to the spot from the house. Zalim Singh, (P.W. 3) and Sobha Ram also came to the spot. Ranvir Singh, appellant fired a shot on deceased from a country made pistol. Sustaining firearm injury. Gur Narain, deceased bowed down on Charpai and died. Mahraj Singh, (P.W. 1) caught hold of appellant Ranvir Singh, but he pushed his aside and ran away.