SHAILESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS criminal appeal arises out of a judgment of trial court dated 31.8.2000 by which the Appellant/accused has been convicted under Section 302 IPC and has been sentenced for life imprisonment.

(2.) THE case of the prosecution is as follows:

(3.) DURING the trial, PW 1 i.e. the complainant, who is the father of the deceased, elaborated the version which he had already given in the FIR. He also stated that while he was with the injured i.e. his son Gajendra Singh, at the relevant time at about 3:00 p.m. or so, Gajendra Singh stated to PW 1 that the injuries have been caused to him by the assault made on him by the accused Shailesh. There is absolutely no infirmity in the version given by PW 1 before the court or the version he has recorded in the FIR before the Police. Apart from this PW2 Suresh and PW3 Sunil Kandwal, who are star witnesses to the incident and have been named in the FIR, have also corroborated the story of the prosecution in their statement before the Court. This statement of PW1, PW2 and PW3 is further strengthened from the statement given by the Doctors who examined the body of Gajendra Singh at Primary Health Centre, Doiwala as well as at Doon Hospital, namely, Dr. S.P. Verma (PW 5) and Dr. Ashok Agarwal (PW 8) respectively. Apart from this, it was also shown from the records of Primary Health Centre that the injured Gajendra Singh was brought to Primary Health Centre by his friend Sunil. The entire evidence on record therefore leads to one and only one conclusion which is that the accused (Shailesh) assaulted the deceased by his knife on the vital parts of the deceased, which ultimately led to his death within few hours, on the same day.