SRIKRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 20.01.1984, passed by learned Additional Sessions Judge, Hardoi in Session Trial No.44/83, arising out of crime no.3/1982, Police Station Kotwali Dehat, District Hardoi, whereby the learned trial court has convicted the accused-appellant Srikrishna under section 302 IPC and sentenced to imprisonment for life while accused-appellant Ram Lal was convicted under section 302 read with section 34 IPC and sentenced to imprisonment for life. Accused Chandrapal and Ram Lakhan were acquitted of the charge under section 302/34 IPC. State has not preferred any appeal against the order of acquittal.

(2.) According to the prosecution version, written report was lodged by Gur Dayal, son of Khuman, brother of the deceased, PW-1, on 07.5.1982 at 10:05 AM at police station. It is stated that he is doing cultivation on 7-8 bighas land of Ram Krishna of his village on 'batai'. Thakur Ram Autar Singh and others were inimical to Ram Krishna Pundit. They also got Ram Krishna Pundit harassed through 'pasis'. About 5-6 days prior to this incident, Ram Lakhan Pasi came at the tubewell of Ram Krishna and began to pluck 'Arhar'. Complainant was awakened, hence, he ran away. Since then he was also having enmity with the complainant.

(3.) On 07.5.1982, at about 07:00 AM, complainant, his son Rukmangal and brother Muneshwar were doing their job at the 'khalihan'. Chandra Pal came and started talking with Janki Patwa. After some time his brother Ram Lakhan armed with 'lathi' also came and assaulted Muneshwar by 'lathi'. Chandra Pal also attacked Muneshwar by 'pachai' of Janki, which was broken. Complainant and Muneshwar ran away from the scene of incident towards village. On their noise his brother Hardayal, Ram Krishna, Ramadhar and Khurram Kumhar and others came there. Srikrishna armed with countrymade pistol and Ram Lal armed with 'banka' came. Srikrishna fired at Muneshwar which hit him. He fell down. He was brought to the 'khalihan' and was taken for treatment but he succumbed to his injuries. Chik FIR was registered at case crime no.3/1982, under section 302 IPC at Police Station Kotwali Dehat, District Hardoi and investigation was handed over to S.I. K.P. Singh, Station House Officer of the police station, who visited the place of occurrence. Inquest report was prepared at 11:00 AM. Dead body was sealed and sent for postmortem which was conducted on 08.5.1982 at 02:15 PM. Investigating Officer prepared the site plan and took into possession the banka, pachai, plain and blood stained earth. Statement of witnesses were recorded by the Investigating Officer. After investigation, chargesheet was submitted against the accused Srikrishna, Chandrapal, Ram Lal and Ram Lakhan.