DWARKA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant was acquitted of the charges under Sections 302 and 307 read with S. 34 of the Penal Code by the trial Court. On appeal being filed on behalf of the State of Uttar Pradesh he has been convicted under S. 302 of the Penal Code by the High Court and sentenced to undergo rigorous imprisonment for life.

(2.) It is the case of the prosecution that on 25-2-1974 at about 6.00 p.m. Chandrapal (PW-2) along with Jagdish (hereinafter referred to as "the deceased") were returning after answering the call of nature. It is said that at that time this appellant along with co-accused Ramesh came from the side of the village; seeing Chandrapal (PW-2) and the deceased, the appellant and Ramesh rushed towards them with knives. After some chase the appellant gave a knife blow on the chest of the victim. The co-accused Ramesh gave a knife blow to Chandrapal (PW-2). Thereafter the appellant and Ramesh fled away. The victim while being taken to Debai, died on the way, Chandrapal (PW-2) lodged the first information report at the Police Station, Debai at about 11.30 p.m. the same night.

(3.) The motive of the occurrence, according to the prosecution, is that about 10 or 12 days before the date of the aforesaid occurrence, there was some altercation between Chandrapal (PW-2) and the deceased on the one side and this appellant on the other, in which the appellant is said to have abused them. Chandrapal (PW-2) and the deceased had given two/three slaps to the appellant.