SHAILESH KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) The appellant convicted by the Additional Sessions Judge/Special Judge, Anti-Corruption U.P (East) Dehradun in ST 166/1992 under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") for life imprisonment, as confirmed by the Division Bench of the High Court of Uttarakhand at Nainital in Criminal Appeal No. 888 of 2001 seeks acquittal.

(2.) Heard learned counsel Mr. D.P Singh appearing for the appellant and the learned counsel Mr. Saurabh Trivedi appearing for the respondent. We have perused the entire records placed before us, and taken due note of the synopsis notes submitted.

(3.) The deceased, Gajendra Singh went to a picnic along with two friends, Suresh (PW-2) and Sunil Mandal (PW-3) at about 11 a.m. on the fateful day - 21/6/1992. On their return, they were intercepted by the appellant riding on a motorcycle. The appellant by uttering the words "Today I shall pay all your dues", attacked the deceased Gajendra Singh with a knife inflicting two fatal blows on the chest and stomach respectively. The motive of the attack appears to be the failure of the appellant in completing the work for which the deceased gave a sum of Rs.500.00.