- (1.) Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Sanjay Kumar, Advocate on behalf of the sole appellant and learned Additional Government Advocate for the State-respondent.
(2.) This criminal appeal is directed against the judgement and order passed by the Special Judge/Additional Sessions Judge, Moradabad dated 6th February, 1986 in Sessions Trial No. 581 of 1985 being Case Crime No. 307 of 1985, Police Station Bilari, District Moradabad. The sole appellant Virendra has been convicted of an offence under Section 302 of the Indian Penal Code and has been sentenced with imprisonment for life.
(3.) The case of the prosecution, as reflected from the records of the present appeal, is as follows: The first informant, Dwarika Prasad, son of Ram Gopal lodged a first information report with the Police Station Bilari, District Moradabad on 22nd June, 1985 at 6:20 a.m. It was stated that on the previous day i.e. 21st June, 1985 at about 7:30 p.m. (in the evening), the accused Rajendra son of Jagan and Virendra son of Bannu Kom Yadav, reached the house of Hori Jatav and stated that you (Hori) and other members of his caste i.e. (Jatavs) have refused to work as labourers in their field and they have formed a group among themselves. The appellant Virendra and Rajendra also abused the females of the community. By that time, they had reached the house of informant. Hearing the abuses, Ram Gopal, the deceased, his sons the informant Dwarika Prasad and Rajveer came out of their house. Deceased Ram Gopal enquired as to why accused (Rajednra and Virendra) were abusing the females of entire community. On hearing this, Rajendra exhorted Virendra to kill the deceased Ram Gopal. Virendra immediately fired from his country-made pistol upon the father of the informant, namely, Ram Gopal. On being hit by the gun shot, Ram Gopal fell in front of the door of his residence and expired on the spot. On hearing the gun shot, Hori son of Summeri, Pooran son of Summeri, Than Singh son of Summeri, Bhukhan son of Nirottam and the mother of the informant Lilawati, his wife Shanti and his younger brother Rajveer Singh etc. arrived on the sport. They challenged the accused. On such challenge being made, Rajendra fired upon them from the pistol in his hand. Both of the accused ran away from the spot after threatening that if any action is taken, they shall be dealt with in like manner.;