Decided on December 06,2012

KUNWAR PAL Appellant


- (1.) One Kamlesh Kumar wrote a complaint to SO, Police Station Gadarpur, District Udham Singh Nagar, on 22.05.1998, regarding the killing of his uncle Ramayan Prasad, who was present on the selfsame day in the marriage procession of one Kaushalya d/o Shyam Sunder. According to the informant PW 2 Kamlesh Kumar, when the rituals of marriage were taking place at the residence of the bride, informant's uncle Ramayan Prasad was present there in the capacity of the maternal uncle of the bride. The baratis were firing in the air, to which, the victim Ramayan Prasad objected. The baratis did not pay any heed to his (Ramayan Prasad's) advice. A bullet (which was fired from the gun) struck the neck of the victim, who fell on the ground. The person, who struck the bullet on the neck of the victim, was apprehended on the spot. The other person, who was instigating the assailant, was also caught on the spot. The name of the former was Kunwar Pal and of the latter was Hanuman Prasad. (Whereas Kunwar Pal was convicted by the learned court below, Hanuman Prasad was acquitted of the charge). A double barrel DBBL gun along with a live cartridge was found from Kunwar Pal (accused-appellant). The other people who were carrying guns, fled away from the marriage procession. The incident was witnessed by Rajnath, PW 1 Raj Kishore and some other villagers. The victim was taken to the Government Hosptial at Gadarpur, where he was declared 'brought dead'. On the basis of the complaint (Ext. Ka-1), chik FIR (Ext. Ka-4) was lodged in the PS concerned. The same was entered in the G.D. (Ext. Ka-5).
(2.) Investigation began on the basis of said first information report. I.O. PW 6 Mahipal Singh inspected the place of incident, took the statements of the informant and the witnesses, prepared site plan (Ext. Ka-10), prepared inquest report (Ext. Ka-6), referred the dead body for postmortem, prepared recovery memos (Ext. Ka-2 and Ka-3) of taking into possession of 2 DBBL guns, memo (Ext. Ka-8) of taking into possession of simple soil/blood stained soil and, finally on being satisfied with the fact that the accused-persons committed culpable homicide not amounting to murder, submitted chargesheet (Ext. Ka-11) against the accused persons, viz., Kunwar Pal and Hanuman Prasad.
(3.) On the basis of such charge-sheet, which was submitted in respect of offences punishable under Section 304 IPC and Section 120 B IPC, charge in respect of offence punishable under Section 304 IPC was framed against the accused-appellant Kunwarpal. The charge for the offence punishable under Section 120B was framed against the accused Hanuman Prasad (exonerated by the court below after the trial). They pleaded not guilty and claimed trial. Six prosecution witnesses were examined on behalf of the prosecution. They were - PW 1 Raj Kishore, PW 2 Kamlesh Kumar, PW 3 ASI Rishipal Singh, PW 4 Munshi Prasad, PW 5 Dr. R.D. Tiwari and PW 6 SI Mahipal Singh. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case. Both of them said that they were not present on the place of occurrence. No witness was examined in defence. After considering the evidence on record, learned trial court convicted the accused Kunwar Pal for the offence punishable under Section 304 IPC. Kunwar Pal was sentenced to undergo imprisonment for life and was also imposed a fine of Rs. 1,000/-. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred. The other accused Hanuman Prasad was exonerated of the charge of offence punishable under Section 120B IPC.;

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