JAGANNATH PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appeal has been filed by Jagannath Prasad against the judgment and order dated 23-10-1980 passed by Sri S.N. Singh, the then Additional Sessions Judge, Lalitpur in Sessions Trial No. 34 of 1978, by which the appellant has been convicted under Section 307, I.P.C. and sentenced to undergo R.I. for four years.

(2.) The brief facts of the case giving rise to this appeal are that Sri B.S. Bhagal, Deputy Chief Controller, railway station Jhansi lodged a report at 17.00 p.m. on 15-1-1978 with the allegations that on the said date at 13.10 p.m. one goods train came of Jhansi railway station, it stopped at Jhansi. Two constables got down from the said goods train and they started to quarrel with G.R. Agrawal, guard of the said goods train. On this quarrel the constables fired over the Guard and driver of the train but fire did not hit them but instead it hit Ratan Lal, Ram Bharose and one girl, namely, Reshu daughter of Babu Lal. Out of the two constables one constable was said to be Kashi Nath, he was arrested on the spot and was kept in lockout of the railway station and the other constable ran away.

(3.) This information was given by Sri B.S. Bhagal, Dy. Chief Controller on telephone to the police station. Another report was lodged by accused Jagannath Prasad himself with the allegations that he along with Kashi Nath was on duty. They were sitting at the engine of the train and all of sudden there was some firing and he saw there were some abrasions to a girl and since people started to cry that police people fired, he, went away to police station and after depositing the arms he lodged the F.I.R.