VINOD S O RAM SINGH Vs. STATE

JUDGEMENT

(1.) ORDER :- Appellant Vinod and his father Ram Singh were charged under Sections 302, IPC and 302 read with Section 34, IPC respectively for committing murder of one Prem Pal on 1-5-79 in village Aniwas P.S. Anoop Shahar, district Bulandshahr.

(2.) The prosecution story as narrated in the written report lodged by Sri Chandra on 1-5-79 at 2.10 p.m. is that there was mango tree in the field of Ram Singh Jatwa which was at the relevant time on 'Adh Batai' with the complainant. The brother of the complainant was watching the mango tree, he plucked some mangoes from the tree which was objected to by appellant Vinod, who is son of Ram Singh. Vinod slapped Shiv Shankar and at that time Prem Pal who had gone to ease himself reached there. He gave one slap to Vinod. Thereafter Vinod ran to nearby hut and picked up spear telling his father to accompany as Prem Pal has to be killed. On seeing Vinod and Ram Singh Prem Pal ran towards 'Jai' field of Ram Singh where Ram Singh caught hold of Prem Pal by waist and gave spear blow in the chest of the deceased. Witnesses Nanak Chandra and Indra Pal and the first informant who were in the nearby field of Ram Singh rushed to the scene of occurrence and saw the incident. The incident occurred around 12.00 in the noon.

(3.) The victim was rushed to the Anoop Shahar Government hospital where he was admitted. The victim, however, succumbed to the injuries within hours.