- (1.) V. P. Mathur, J. This appeal is directed against the judgment and order passed on 16-2-1978 by Mr. Parmata Saroop, the then Sessions Judge of Budaun in Sessions Trial No. 236 of 1977. The learned Judge convicted and sentenced appellants Darshan and Rampal under Section 302, I. P. C. to imprisonment for life and appellant Harroo under Section 302 read with 34, I. P. C. also to imprisonment for life.
(2.) THE occurrence which gave rise to this case, took place on 30-6-1977 at about 10 in the night in the District Hospital, Male Ward within the area of police station Kotwali, Budaun. THE first information report was lodged 30 minutes thereafter by Ramesh Chandra Singh (PW I) brother-in-law of the deceased Smt. Kanti Devi wife of Naresh Pal. All the parties to this case are of the same caste, namely, Kurmi Smt. Kanti Devi was the real sister of accused appellants Rampal and Darshan. It is contended that appellant Harroo is an associate and friend of Rampal and Darshan and all of them are residents of village Nagla Sharki, which is a village adjoining the city of Budaun. Sometime in the year, 1963 Smt. Kanti Devi eloped with Naresh Pal real brother of the present first informant Ramesh Chandra Singh. This was not taken kindly by Har Prasad father of Smt. Kanti Devi and the present appellants Rampal and Darshan. The first information report was lodged by Har Prasad, but, it appears that because Smt. Kanti Devi was a major girl, the police ultimately submitted final report. Thereafter Smt. Kanti Devi and Naresh Pal married and started living in Delhi, but, were from time to time also visiting village Dahemi four miles away from Budaun also Nagla Sharki. In the year, 1969 Naresh Pal left Smt. Kanti Devi with PW 1 Ramesh Chandra Singh and himself went to Hyderabad. It was then that Darshan and his father Har Prasad fired at Ramesh Chander Singh (FW 1) and caused him injuries. This happened on 16-2-1969. The two were tried and convicted on 11-11-1973, vide Ext Ka 25. On 6-7-1973 Har Prasad and his sons Rampal and Darshan and others allegedly attempted to commit the murder of Mahesh another brother of PW 1 Ramesh Chander Singh and they were prosecuted. Ext kha 4 will show that on 29-4-1976 the case ended in their acquittal. Meanwhile on 14-9-1973 Mahesh was murdered. A first information report Ext ka 23 was 1 odged naming Har Prasad and the present appellants Rampal and Darshan and others as accused in this case. The case proceeded and ended in acquittal on 2-6-1976, vide, Ext ka 24. On 28-12-1973, again Rampal, Darshan and Har Prasad alongwith others are said to have surrounded Ramesh Chander Singh (PW 1) at the sugar cane weighing centre, Budaun, but PW 1 Ramesh Chander Singh somehow managed to escape. There is further evidence to show that one Amba Sahai was murdered and Naresh Pal husband of Smt. Kanti Devi was implicated in that case. As a result of the trial, in which Harroo appellant was one of the prosecution witnesses, Naresh Pal was ultimately convicted and at the time of the present occurrence i. e. on 30-6-1977 and prior to it, he was lodged in the Fatehgarh jail. About a month before 30-6-1977 Smt. Kanti Devi along with her son Bablu alias Rajkumar had gone to visit Naresh Pal in Fatehgarh jail From there Ramesh Chander Singh (PW 1) brought Bablu (PW 2) to Badaun, while Smt. Kanti Devi went away to Delhi. Bablu fell ill. Then Smt. Kanti Devi was informed and, simultaneously Bablu was admitted to the District Hospital, Budaun about ten to twelve days prior to this murder. On hearing about the news of the illness of Bablu, Smt. Kanti Devi also came to Budaun and started staying with Bablu at the hospital itself. The prosecution case is that Ramesh Chander Singh (PW 1) also used to remain there and was supply ing them food from his house.
(3.) THIS occurrence took place on 30-6-1977 at about 10 p. m. Smt. Kanti Devi was lying on the bed of the hospital in the verandah of the General Ward, while Ramesh Chander Singh and Bablu were sitting on the edge of this bed towards the east and were talking. Food had already been taken by Bablu and Smt. Kanti Devi at about 8. 00 p. m. and a fluorescent tube light and a bulb were burning in the verandah. There is a Chabutra in front of this Verandah towards the east. Suddenly both the prosecution witnesses saw accused appellants Rampal and Darshan armed with guns and Harroo armed with a tamancha, entered the verandah from the estern side. Ramesh Chander Singh at once drew the child Bablu towards him and both of them took shelter behind a two feet wide pillar of the verandah. Meanwhile Rampal and Darshan stood one towards the north and the other towards the south of this pillar and from there they fired with their weapons upon Smt. Kanti Devi. Rampal fired twice and Darshan once. Smt. Kanti Devi received injuries and fell down from the bed on the ground floor. Then appellant Harroo is said to have fired in the air with the tamancha and all the three appellants ran away towards the south after scaling the southern-wall. The first informant Ramesh Chander Singh (PW 1) lifted Smt. Kanti Devi and put her on a neighbouring bed, which was vacant and himself ran away to the Kotwali. He managed to reach there within 30 minutes and lodged the first information report Ext ka 1 at the Thana at 10. 30 p. m. Meanwhile the firing raised a commotion in the Hospital and the Doctor, who was on emergency duty. Sri A. K. Tewari came on the spot. He tried to treat Smt. Kanti Devi, but failed and when he was sure that she was dead, he sent a memo to that effect to the Superintendent of the hospital, vide, Ext ka 19 and it was duly forwarded by the Superintendent and sent to the thana through a ward boy and on the basis of this information, the case which was originally registered as one under Section 307, I. P. C. was altered to one under Section 302, I. P. C. vide, entry Ext ka 20. This happened at 11. 00 p. m.;