STATE Vs. RAM GOPAL

JUDGEMENT

(1.) THIS is a reference under Section 374, Code of Criminal Procedure code by the learned First Additional Sessions Judge, Shajapur, who has convicted Ramgopal, son of Sidhnath Singh Kulmi (32) under Section 302, Indian Penal Code for the murder of Badri Narain Singh by shooting him with a gun and sentenced him to be hanged by the neck until he is dead. In addition he has convicted Ramgopal also under Section 307, Indian Penal Code for attempting to murder by shooting at him, Harinarayan Kulmi, brother of the said Badri Narain, and under Section 326 for causing grievous hurt to Ramesh Kulmi (4) son of Badri Narain, and sentenced him to R.I. for 10 years and 3 years respectively under these sections. The condemned man also has filed an appeal which has been heard along with the reference.

(2.) THE common ground in this case is the following. In village Kherawad, thana Gulana, there lived two families, closely related, and in contiguous houses; one of Himmet Singh whose sons are Harinarayan the main witness here, and Badrinarayan who is dead; the other of Sidhnath Singh, who died or disappeared two years ago, leaving two sons, the Appellant and Ramchandar. Between them there were the usual quarrels about land. In addition, the Appellant Ramgopal and his cousin Harnarayan had some months before the incident of this case a violent quarrel for the favours of a village prostitute. At about 9 or 10 a.m. on the 30th January 1957 there was a serious incident in which Badri Narain and Har Narayan were involved on one side and Ramgopal on the other; in this, a 12 bore gun charged with bullet was fired twice. One of the shots went through the lung and the heart of Badrinarain after grazing the nose of his child Ramesh, aged 4 years and fell on the ground. The other shot did not hit anybody and got embeded in a wall.

(3.) RAMGOPAL 's statement in the two Courts is to the effect that, Harinarayan was going with a lota in one hand and a gun in the other. Seeing Ramgopal at the Hanumanji temple, Harinarayan picked up a quarrel, and chased Ramgopal towards his house threatening to shoot him. He did shoot twice, but one of the shots hit Badrinarayan who was standing on his outer verandah with the child; the other shot missed. Harinarayan, his sister -in -law, and some villagers led by Zalim Singh implicated him falsely. In the cross -examination of Harinarayan it is to the effect that he and Badrinarayan had quarrelled for the favours of one village prostitute named Shaitan. Harinarayan had tried to poison Badrinarayan on a previous occasion, now he borrowed a gun from his brother -in -law Narayan Singh, and shot Badrinarayan dead, but later on at the instance of Zalim Singh headman of the village implicated the Appellant falsely. A defence witness states that after the shooting Harinarayan ran and took refuge in Zalim Singh's house, and took his gun there.