RAM CHABILEY Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. Appellant Ram Chabiley has preferred this appeal from jail against judgment and order dated 26-8-1980 passed by Sri K. S. Dubey, the then learned Vlth Additional Sessions Judge, Kanpur (Metropolitan area) in Sessions Trial No. 22 of 1980 convicting the appel lant under Section 302, I. P. C. and sentenc ing him to imprisonment for life.

(2.) THE prosecution story, briefly stated, was that one Jagdish Rai, the Proprietor and Partner of Jagdish Rai & Company had taken some contract for construction of some building in Indian Institute of Technology, Kanpur. Gorey Lal, deceased (35) was working as a Supervisor, appellant Ram Chabiley as a mason, Yasin Ahmad (P. W. 2) as a mason and Ganga Prasad (P. W. 4) was a labourer, in the said Company, Shyam Lal (P. W. 3) was Chaukidar in the said Company. Ram Chabiley, appellant had left the work of said Company prior to 4-5 days of the occurrence.

(3.) GOREY Lai, deceased was treated by Dr. Kashmir Singh (P. W. 7) under super vision of Professor R. S. Greywal, but he expired at 2 p. m. A memo regarding his death was sent to Police Station Swaroop Nagar. Since the case relates to PS. Kalyanpur, the papers relating to case were sent to said Police Station at 5. 20 p. m. on 26-10-1989 through Constable Sriniwas Yadava where a case was registered under Section 304,1. P. C. against the appellant at G. D. report (Ext. Ka-6) by Constable Sant Ram. The investigation of the case taken up by Sri Tula Ram Verma (P. W 9 ). The Investigating Officer reached in L. L. R. (Hallet) Hospital, where he con ducted inquest of the dead body of the deceased and prepared inquest report (Ext. Ka-7) and other relevant papers (Ext. Ka-8 to Ka-10 ). The dead body of the deceased was sent to mortuary for post-mor-tem. On 27-10-1979 the Investigating Of ficer interrogated Mumtaj (P. W 5), in spected the place of occurrence and prepared site plan (Ext. Ka-11 ). He also took into the possession the iron rod (Ext. 1), which was lying on the spot, blood stained Angauchha, blood stained and simple earth and prepared recovery memos (Ext. Ka-12 to Ka-14 ). Thereafter, he interrogated Yasin Ahmad (P. W 2), Shyam Lal (P. W 3), Ganga Prasad (P. W 4) and others. On the same day he apprehended Ram Chabiley at 6. 30 p. m. in front of G. T Tannery. Autopsy on the dead body of GOREY Lai, deceased was conducted on 28-10-1979 at 11. 30 a. m. by Doctor J. C. Tripathi (P. W 1), who found following ante-mor-tem injuries on the person of deceased:- (1) Stitched wound 5 cm long 5 stitched present Rt. Side forehead from above middle of right eye brow obliquely upwards medially across the mid line. (2) Stitched wound 6 cm long with 6 stitches present on right side temple and right side head vertical just above outer end of right eye. (3) Stitched wound 3 cm long 3 stitches present 1 cm out side Injury No. 2 on right temple. (4) Stitched wound 2- 1/2 cm long two stitches present. Inj. placed out side to the inner part of Inj. No. 2. (5) Stitched wound 2 cm long two stitches present on right cheek 5 cm in front of right ear. (6) Stitched wound 1 cm long one stitch present on right side head 6 cm above ear. (7) Curved stitched wound 6 cm long six stitches present 1 cm above and in front of injury No. 6 right side head. (8) Stitched wound 5 cm long 4 stitches present on right side top of head 13 cm above and behind right ear. (9) Stitched wound 3 cm long one stitch present just behind the middle region of right ear. (10) Contusion 5 cm x 3 cm around right eye. (11) Incised wound 3 cm x 1 cm x muscle deep on back of right head 1 cm above base. (12) One surgical wound 1 cm long with two stitches with cannula at the inner part of right ankle. (13) One surgical wound 1- 1/2 cm long one stitch present on inner part of left ankle.