A pistol and a belt companytaining 15 cartridges were seized from Ramesh while 5 live cartridges were recovered from Munshi Lal.
On 23rd February, 1973, at about 7.30 a.m. Jai Ram P.W. 1 who is related to Nand Kishore as a distant nephew was going towards the fields to the west of the village in order to ease himself.
Though D.W. 1 asserted that he was the companytractor for the cycle stand, it turned out ultimately that it was his father and number D.W. 1 who was the companytractor.
The two accused were ahead of P.W. 1.
The two accused were taken to the place where Nand Kishore was lying.
Ramesh examined D.Ws.
P.W. 1 was number, however, sure whether the 2nd shot hit Nand Kishore.
After shooting, the two accused persons started running away.
After companypleting the investigation he filed a charge sheet against Ram Sanehi, Ramesh and Munshi Lal.
They were chased by him and several others.
Behind him were the two accused persons Ramesh and Munshi Lal.
The sentence passed on Munshi Lal was, however, altered to imprisonment for life.
The learned Counsel argued that Ramesh had been falsely implicated by Jai Ram and his friends because of enmity.
P.W. 1 did number see the occurrence but he stated that when he was going to Jalala from his village and had reached the field of Kedar Nath, he heard two pistol shots and saw P.W. 1 and others chasing the two accused persons.
Nand Kishore was going ahead of the two accused.
After receiving the report P.W. 12, Sub Inspector of Police went to the village, held the inquest and arranged to send the dead body for postmortem examination.
At his house he prepared a written report.
The companyviction and sentence were companyfirmed by the High Court of Allahabad.
He also seized bloodstained earth from the place where the deceased had fallen.
The sentence of death passed on Munshi Lal was set aside by the High Court and the sentence of imprisonment for life was substituted in its place.
Nand Kishore was going ahead of the two accused.
After the witnesses chased the accused for some distance they were joined in the chase by others Patter P.W. 4 , Ram Nath, Lallu, Chotkao Kori, Ram Kumar.
He then proceeded to the Police Station at Ghatempur one mile away and handed over the report, the pistol and the cartridges to the Sub Inspector incharge of the Police Station at 10.30 a.m. In the report it was mentioned that Ramesh fired two shots at Nand Kishore at the instigation of Munshi Lal.
It was also suggested that P.W. 1 had some dispute with Ramesh in companynection with a milk business and the companylection of charges at the cycle stand near the school.
At the scene of occurrence he found a fired cartridge and a Lota, which he seized.
P.W. 3 Ram Gopal stated that he was going to his field on the morning of the day of occurrence.
He was also beaten by him.
Nand Kishore was dead by that time.
He also sent the two accused to the hospital as he found that they had serious injuries on them.
Munshi Lal stated that he was going to the place of his maternal uncle and was passing through the village Bhadras when five or six persons caught him, beat him and cut his hands.
Ramesh stated that he had some dispute with Jai Ram in companynection with the milk business and the companylection of charges for keeping a cycle at the cycle stand at the school.
P.W. 1 spoke to the case of the prosecution substantially as set out in the previous paragraph.
In addition to these four witnesses, the prosecution examined Babu Singh, P.W. 5 to establish the charge of companyspiracy.
When P.W. 3 had reached the mango trees of Rama Kant, he saw Munshi signalling and Ramesh firing from a pistol.
1 and 2 to establish that he had a sub contract of the cycle stand at the school in which Jai Ram was working as a peon.
P.W. 2 stated that he was returning home after easing himself.
It was also mentioned that the occurrence had been witnessed by P.W. 1, P.W. 3, P.W. 2, Bhawani Singh, Shankar Kori and others and that all of them had chased the assailant and caught them.
Along with the appellant Ram Sanehi was tried for an offence under Section 302 read with 120B I. P.C. while Munshi Lal was tried for an offence under Section 302 read with Section 34 I.P.C.Ram Sanehi was acquitted by the Trial Court while Munshi Lal was companyvicted under Section 302 read with Section 34 I.P.C. and sentenced to death by the learned Sessions Judge.
At the time of catching Ramesh and Munshi Lal both of them were given a sound beating.
He became unconscious and did number know what happened afterwards.
The learned Sessions Judge rejected the evidence of P.W. 5 and acquitted Ram Sanehi of the charge of companyspiracy.
When Nand Kishore reached the ridge between the fields of Shiv Nath Singh and Putni Singh, on the signalling of Munshi Lal, Ramesh fired shots from a pistol.
P.W. 2 also spoke about the recovery of pistol and cartridges as also to the severe beating that was given to the two accused by the villagers.
There was numberreason whatever for Jairam to kill Nand Kishore.
Nand Kishore, however, fell down.
P.W. 3 also spoke of the chasing of the two accused and their apprehension.
Ram Gopal P.W. 3 and Shankar Kori were going behind P.W. 1.
1, 2 and 3 were examined as direct witnesses to the occurrence.
First.
The High Court companyfirmed the companyviction and sentence passed on Ramesh.
In support of the prosecution case P.Ws.
The recovery of the pistol and cartridges from Ramesh and Munshi Lal was also mentioned in the report.
P.W. 1 then chased the accused.
In regard to the cycle stand P.Ws.
1 to 4 and companyvicted Ramesh, under Section 302 I.P.C. and Munshi Lal under Section 302 read with Section 34 I.P.C. Both were sentenced to death.
He also joined the chase and the two accused persons were apprehended.
He accepted the evidence of P.Ws.
He was joined by Ram Gopal P.W. 3 , Shankar Kori, Faqir Singh P.W. 2 , Bhawani Singh and others.
When P.W. 1 reached the cluster of mango trees in the grove of Rama Kant he saw Munshi pointing Nand Kishore to Ramesh and Ramesh firing a shot from a pistol at Nand Kishore.
Ramesh and Munshi, the two accused were going ahead of him.
The suggestion appears to be made just for the sake of making a suggestion.
He was going behind P.W. 1.
Chinnappa Reddy, J. The appellant was companyvicted by the learned IInd Additional District and Sessions Judge Kanpur, of an offence under Section 302 Indian Penal Code and sentenced to death.
In regard to the alleged milk business numberhing was elicited and numberevidence was adduced to substantiate the suggestion.
Ramesh was caught.
Ramesh was caught in the fields of Labhadwaj Singh while Munshi Lal went ahead.
Later Munshi Lal was caught.
Nand Kishore stumbled and was about to fall when Ramesh fired a second shot.
The plea of the accused was one of denial.
P.W. 1 went to his house taking with him the pistol and the cartridges which had been seized.
Even assuming that Ramesh was the sub contractor of the cycle stand it does number follow that P.W. 1 had any enmity with Ramesh.
1 and 2 were examined to say that Ramesh had taken a sub contract of the cycle stand from D.W. 1.
The learned Counsel for the appellant took us through the entire evidence.
Ramesh alone has appealed to this Court by special leave.
On the day of occurrence when he was passing through Jai Rams house, Jai Ram caught hold of him and falsely implicated him in this case.
When he was near the western ridge of the field of Shree Narain, he saw the deceased going with a Lota to ease himself.
Munshi Lal was further chased and he was also caught in the field of Ram Shankar and brought to the place where Ramesh had been apprehended.
In regard to Munshi Lal, the High Court disbelieved the story of the prosecution that Munshi Lal signaled Ramesh, but nevertheless companyvicted him under Section 302 read with Section 34 I.P.C. on the ground that his presence along with Ramesh and the other circumstances of the case showed that he shared with Ramesh the companymon intention to kill Nand Kishore.
In fact the hands of Munshi Lal were cut.
