KARNTA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Kamta Prasad along with four others was tried for offences punishable under Ss. 147, 148, 302 and 302/149, I.P.C. The trial Court convicted the appellant under S. 302, I.P.C. and sentenced him to imprisonment for life. He is also convicted under S. 148, I.P.C. and sentenced to undergo two years' R.I. The other accused were found guilty under Ss. 302/149 and also S. 147 and sentenced to imprisonment for life and one year's R. I. respectively. The convicted accused preferred appeals to the High Court. The High Court confirmed the convictions and sentences awarded against the appellant. The conviction of one of the accused Jawahar under S. 302/149 was altered to one under S. 302/ 34, I.P.C. The conviction of other accused were altered to under S. 323 / 149, I.P.C. Only Kamta Prasad has filed the present appeal and we are not concerned with other accused. It may be mentioned here that leave was granted only limited to the extent of nature of the offence.

(2.) The prosecution case is as follows: Ramesh Kumar (P. W. 1) was a student of Degree College, Banda. Ganesh, the deceased was known to him since before the occurrence. On 14th April, 1973 Ganesh had gone to Banda and was staying with two of his friends. P.W. 1 met him and others and all of them chalked out a programme to see matinee show on 15th April, 1973. On that day P.W. 1 reached the place where the deceased was staying and all of them reached Prakash Talkies. P.W. 7 told them that he had purchased three tickets for Rs. 6/ in black. The deceased, however, insisted on seeing the picture after purchasing tickets of special class. Kamta Prasad, the appellant herein agreed to purchase the other two tickets for Rs. 4/ - from P.W. 7. The deceased told the appellant that he should pay Rs. 4 / - for two tickets or return both the tickets. The other accused said that they would pay no money nor return the tickets. So saying all the five accused reached the entrance of the Picture Hall. The deceased got annoyed and caught hold of the hand of the appellant. Then all the five accused started beating the deceased with kicks and fists. P.Ws. 2 and 7 advanced towards the deceased in order to rescue him. At that time Siddiqui, one of the accused whipped out a knife. However, he was disarmed. Then the accused Jawahar, Om Prakash and Avinash caught hold of the deceased and on their exhortation, the appellant inflicted three knife blows to the deceased. Thereafter all the accused left the place. P.W. 1 proceeded to the Police Station and gave a report at 12.30 p.m. A case was registered and while the deceased Ganesh was being taken to the hospital, he died on the way. Inquest was held and the dead body was sent for post-mortem. The Doctor found four injuries. The second injury was an incised wound on the right thigh and the third injury was stab wound in the chest cavity in the left side near the nipple. It proved to be fatal. After completion of the investigation, the charge-sheet was laid. The accused denied the offence and set up a defence plea. Kamta Prasad, the appellant stated that a quarrel took place between his brother and Ramesh Kumar P.W. 1 and others and a criminal case was pending and they all are falsely implicated. The trial Court relying on the evidence of direct witnesses P.Ws. 1, 2 and 7, convicted the accused.

(3.) All the three eye-witnesses have given a consistent version as to how the quarrel started and how the appellant stabbed the deceased. Nothing significant has been elicited in the cross-examination. We have gone through their evidence which has been accepted by both the courts below and there is no reason whatsoever not to accept their evidence. Now coming, to the nature of the offence, it is clear from the evidence of the eye-witensses that the appellant Kamta Prasad was already armed with a knife. No doubt, the quarrel was about the purchase of cinema tickets but he stabbed the deceased with a knife on a vital part namely the left side of the chest and he was being held by some of the other accused.