SOHAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is by Sohan Lal and Shiv Ram against the judgment and order dated 31-3-1991 passed by the then VI Additional Sessions Judge, Kanpur Nagar convicting and sentencing the appellants to imprisonment for life under Sec.302 read with Sec.34 of the Indian Penal Code.

(2.) According to the prosecution case a 'Nautanki' was being played in the fair held in the Ram Lila ground in village Khujauapur within the circle of police station Mahrajpur District Kanpur Nagar in the night between 4th and 5th of Oct. 1984. In the said fair, head Constable Sohan Lal and Constable Purshottam Das were deputed on duty. It is alleged that both these persons after taking liquor at the house of Shiv Ram went to the residence of village chaukidar Ram Swarup P.W.3 and they started hurling abuses to chaukidar. The brother of chaukidar Vinod told these persons that chaukidar Ram Swarup was not present and further asked them not to abuse Ram Swarup. On this the police constable declared Ram Swarup as his enemy. It is further alleged that thereafter they went to the betel shop of Radha Kishan and called Raja ram son of Ram Swarup chaukidar from there and took him to the fields of Mewa Lal and shot him dead there. The incident of shooting was witnessed by Babu Ram P.W.1 and Shri Kishan P.W.2. The F.I.R. of the said incident was got scribed by Ram Swarup chaukidar and the same was lodged at the police station at 8.40 a.m. Head Constable Shiv Autar Pandey P.W.8 prepared check report Ex.Ka5 and registered the case at G. D. No.11 vide copy Ex. Ka7. The first informant Ram Swarup also deposited an empty cartridge at the police station which he recovered from the place of incident and the same was taken into possession by Head Constable Shiv Autar Pandey through memo Ex Ka7. S.I. Har Bajan Arya P.W.10 was the station officer of P.S. Narbal. He got information of the present murder on wireless and when he reached the place of incident, Circle Officer, Station Officer of police station Maharajpur, Addl. S.P. and others were already present there. Under the oral order of the Circle Officer, he took up investigation and recorded the statement of first informant Ram Swarup. He also inspected the scene of occurrence and prepared site plan Ex.Ka8. The investigating officer arrested Head Constable Sohan lal and Constable Purshottam Das on the same day. The personal gun of Head Constable Sohan Lal was also taken into possession through memo Ex.Ka 9. Further investigation was then entrusted to S.I.S.. under the order of S.S.P. It further appears that during further investigation statements of Babu Ram P.W.2 were recorded and the recovered gun and cartridges were sent to Forensic Science Laboratory, Agra for examination and in the opinion of Ballistic Expert P.W.5 Ram Asrey, the recovered cartridge was fired from the gun Ex.Ka1 which was recovered from the custody of accused Sohanlal. The S.I.S. on completion of investigation submitted charge sheet against the appellants alongwith constable Purshottam Das and all the three were then sent for trial before the Sessions Court.

(3.) Dr. M. P. Garg conducted the autopsy of the dead body of the deceased Raja Ram and found the following ante mortem injuries :- 1. Gun shot wound of entry 3cm x 3cm x chest cavity deep on sternum 8cm below upper end of sternum. Margin inverted blackening, tattooing, charring present around the wound. Direction of wound : Front to left obliquely. After breaking the sternum of 5th, 6th,7th ribs of left side chest, then goes into heart pierces the plura and goes into left lung.This left lung is also badly lacerated then pierces the plura and then pellets lodged into the left side back (obliquely). 2. Gun shot wound of entry 4 cm x 3.5cm x abdominal cavity deep on lower end of sternum, and epigastrium, 5.5 cms below injury No.1 margin inverted, blackening, tattooing, charring present. Direction : front to left obliquely. After breaking the lower end of sternum then goes into stomach, then backward Lacerated the upper part of liver.