VINOD KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court at Allahabad, Luckhnow Bench rendered in Criminal Appeal No. 821/78 dismissing the appeal preferred by the appellant and confirming the judgment of the Trial Court, whereunder the appellant stood convicted under Section 302, I.P.C. and also under Section 27 of the Arms Act and sentenced to imprisonment for life and 5 years' rigorous imprisonment respectively.

(2.) The appellant, Vinod Kumar took his trial along with one Anil Kumar (since acquitted) on the charge that on 20-11-1977 at about 3.30 p.m. in the field of Vishwa Nath Kapoor situated in the village Makanpur within the limits of Palia Police Station, he caused the death of the deceased Raj Kumar by shooting him with a double barrel breach loading gun (DBBL gun No. 7075), the licence for which stood in the name of his mother. The charge against the acquitted accused was under Section 302 read with Section 34, I.P.C. for having shared the intention of the appellant in committing the murder of Raj Kumar.

(3.) The facts of the case leading to the prosecution are set out in great details in the judgment of the Trial Court. Nevertheless, we think it necessary to recapitulate the following salient and material facts in order to give our own reasons for the conclusions which we will be arriving at.