VIRENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Accused-appellant Virendra Singh has been convicted under Section 302, I.P.C. and sentenced to life imprisonment and to pay a fine of Rupees 1000/- by the judgment dated 28-4-1980 passed by Sri Manphool Singh Premi the then VI Addl. Sessions Judge, Farrukhabad in Sessions Trial No. 418 of 1979. Aggrieved, he has preferred this appeal. Two others Jagdish son of Sumer Jatav and Jagdish son of Har Dayal were tried along with him who came to be acquitted.

(2.) The genesis of the prosecution case was the written first information report lodged at Police Station Kannauj, District Farrukhabad on 12-3-1979 at 3.20 p.m. by Abar Hussain PW-1 father of the deceased Riyaz Ahmad. The incident took place on that day at about 2.00 p.m. in village Sadkapur. The case of the prosecution was that on that day the deceased had taken his cows to the river to make them to drink water. The complainant Abrar Hussain was watching his Chak nearby. When Riyaz Ahmad was returning from the river along with cows and reached ahead of Aliapur in kachha pathway, an altercation took place between him and Jagdish Jatav son of Sumer Jatav. The present accused-appellant Virendra Singh and Jagdish (another co-accused) also appeared there and joined Jaddish Jatav in altercation with the deceased. Virendra Singh exhorted the other two, namely, Jagdish Jatav and Jagdish Katiyar who started assaulting Riyaz Ahmad with their lathis. Riyaz Ahmad fell down on receiving lathi blows and cried. Then the present accused-appellant Virendra Singh struck a Hansia blow on him. The complainant Abrar Hussain and the witnesses Moinuddin, Sajjad Husain and others rushed up shouting. By the time the complainant reached near Riyaz Ahmad, he had died. The accused-appellant with his two companions named above ran away. It was also mentioned in the FIR that the altercation between his son and the accused had taken place, a number of times earlier also. On the lodging of such FIR, a case was registered and investigation followed which was conducted by S.I. Ram Shiromani Upadhyay PW-4. After reaching the spot, he prepared Panchayatnama and other papers whereafter the dead body of the deceased was sent for post-mortem which was conducted on 13-3-1979 at 2 p.m. by Dr. H.P. Srivastava PW-5. As per the post-mortem report Ext. Ka-15, the deceased was aged about 16 years and about one day had passed since he died. The following ante-mortem injuries were found on his person: 1. Incised wound 3"x1" x thoracic cavity deep right side chest 1" below nipple. 2. Abrasion 1" x 1" right side ankle front left aspect.

(3.) On internal examination, right side 5th rib was found cut; right lung. pericardium and heart on right side were also found cut. The death had occurred due to shock and haemorrhage as a result of antemortem injury No. 1. After conclusion of investigation, the chargesheet was laid against the present accused-appellant and his two companions.