- (1.) M. M. Lal, J. This is an appeal against a judgment and order dated 26-10-1981 passed by Shri K. G. Rastogi, the then 1st Additional District and Sessions Judge, Bareilly by which he has convicted Raghubir Singh appellant under Section 302 IPC and has sentenced him to imprisonment for life.
(2.) ABOUT two years prior to the occurrence there was an election of the delegates of the Cane Co- operative Society in the village, in which Chiraunji Lal, informant, was a candidate. One Jugendra Singh had supported Budh Sen as a candidate against the informant. la the said election Budh Sen was defeat ed. Babu Ram deceased was the brother of Chiraunji Lal informant. Babu Ram deceased was the Pradhan of the village. Aforesaid Jugendra Singh and others got a case under Sections 107117 Cr. P. C. instituted against Babu Ram deceased in the Court of 3. D. M. Baheri. The said case was pending at the time of the incident On account of the same Jugendra Singh was inimical to wards Babu Ram deceased and Chiraunji Lal informant. Raghubir Singh appellant was on visiting terms with the aforesaid Jugendra Singh. At the time of the incident the appellant was staying with Jugendra Singh.
(3.) ACCORDING to the case of the prosecution, on 2-11-1979 at about 1 p. m. Babu Ram deceased, along with Cbiraunaji Lal informant, was taking tea at the shop of Vishwanath in village Baheri, within Police Station Baheri district Bareilly, when the appellant carrying the gun, accompanied by two other persons, came there. They shouted towards Babu Ram deceased and told him to hold himself. Thereafter, the appellant fired a shot from his gun at Babu Ram as a result of which he sustained injury and fell down dead at spot. The appellant and his companions were followed for some distance but they could not be apprehended because they were armed with gun. Chiraunji Lal informant then went to P. S. Baheri situate at a distance of 1 km. where he lodged the report of the incident on the same date at 1. 45 p. m. In support of its case the prosecution examined 10 witnesses. P. W. I Chiraunji Lal is the informant. He deposed about the motive and the incident. P. W- 4 Jag Bahadur and P. W. 9 Bandhu Ram are the eye- witnesses. P. W. 7 Janki Prasad and P. W. 8 Lalta Prasad were examined to depose that in the morning of the date of the incident they had seen the appellant going armed with a gun of his uncle. P. W. 7 Janki Prasad had turned hostile and he did not support the prosecution. P. W. 2 Suresh e hand was Head Moharrir at Police Station Baheri. He deposed on 2-11-179 Chiraunji Lal informant had come to the Police Station at 1. 45 p. m, to hand over a written report of the incident on which this case was registered, P. W. 3 constable Prem Pal Singh was a formal witness. The investigation of this case was made by P. W. 10 Prem Pal Singh, the then S. O. , P. S. Baheri. He had gone to the place of occurrence on the same date and had got Panchayatnama of the dead body prepared by S. I,, S. B. Chaturvedi P. W. 5 under his supervision, An empty cartridge was also found from the place of occurrence, There was blood at the place of occurrence. Blood stained and unstained earth was taken from that place. On 14-11-1979 the Investigating Officer had gone to the place of Santok Singh, uncle of appellant, and had taken his double barrel gun in his possession.;