STATE OF UTTAR PRADESH Vs. ANIL SINGH

JUDGEMENT

(1.) The State of U.P. and the informant have preferred these appeals with special leave, challenging the order of acquittal recorded by the Allahabad High Court in Criminal Appeal No. 2340 of 1978. Anil Singh, the common respondent in the appeals was tried for the murder of Keshav Kumar ('KK') by the Court of Session (Non-Metropolitan Area), Kanpur. He was convicted and sentenced to imprisonment for life. But on appeal, he was acquitted by the High Court.

(2.) The prosecution story of the occurrence may be stated at some length: The respondent accused and KK were almost of equal age. They were friends as well as classmates. They were also co-accused in some minor criminal cases. The accused was of violent temperament. He used to indulge in criminal activities. His father sent him to his maternal grandfather's hosue at Faizabad for being better taken care of. But he used to visit often his native place i.e. Pukhrayan, where KK was residing. The accused was in the habit of demanding money from KK. At the time of Diwali festival of the year 1977, the accused asked KK to pay Rs. 2,500/-. He wanted to purchase a revolver. It is alleged that he even threatened KK that he would be killed if the amount was not paid by Nov. 14,1977. November 14, is a rejoicing day for children. It is a birthday anniversary of Pt. Jawahar Lal Nehru who was the Prime Minister of this country. The children all over called him and still remember him as "Cha Cha Nehru". Every year his birthday is celebrated as "Children Day" throughout the country. On that 14 Nov. 1977, local Jaycees Club arranged Bal-Mela and cultural programme. It was arranged in the Normal School compound with sweet-meat and chat-shops. Bal-Mela went on till 7 p.m. The cultural programme was to commence at 8 p.m. In between KK was murdered.

(3.) It is said that the accused and KK came to Bal - Mela. From there the accused went along with KK to a nearby place, that is the verandah of Dr. Diwedi's shop. There he assaulted KK with knife. Prahlad Kumar who is the eldest brother of KK and some others rushed to the spot. But the accused could not be caught. Nor KK could be saved. The accused was chased but he ran away by brandishing his knife. The fatally injured KK was seen walking a few steps and falling down in a "Nali". Prahlad Kumar lifted him and carried up to some distance for medical attention. But on the way near Khazanchi hotel, KK succumbed to injuries.