RAMGOPAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference under Section 374 Cr.P C, by the learned First Additional Sessions Judge, Shajapur who has convicted Ramgopal son of Sidhnath Singh Kulmi (32) under Section 302 I.P C. for the murder of Badri Narayan 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 I.P C. for attempting to murder by shooting at him, Harinarayan Kulmi, brother of the said Badrinarayan, and under Section 326 for causing grievous hurt to Ramesh Kulmi (4) son of Badrinarayan, 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 Guiana, there lived two families, closely related, and in contiguous houses; one of Himmat 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 Ramchandra, Between them there were the usual quarrels about land. In addition, the appellant Ramgopal and his cousin Harinarayan had some -months before the incident of this case a violent quarrel for the favors 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 Harinarayan were involved on one side and Ramgopal on the other; in this, a 12 bore gun charged wit bullet was fired twice. One of the shots went through the lung and the -heart of Badrinarayan after grazing the nose of his child Ramesh aged 4 years and fell on he ground. The other shot did not hit anybody and got embedded 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 thereatening 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 quarreled for the favors 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 defense witness states that after the shooting Harinarayan ran and took refuge in Zalim Singh's house, and took his gun there.