LAWS(ALL)-2010-8-310

GOPAL Vs. STATE OF U.P.

Decided On August 06, 2010
GOPAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THE appellant Gopal has been convicted under section 302 IPC in Sessions Trial No. 195 of 1981 vide judgment and order dated 20th March, 1984. For the same incident Keshav Gond and Jagarnath had been tried under section 302/34- who both have been acquitted in Sessions Trial No. 22 of 1982 by the same judgment of the Sessions Judge, Ballia dated 20th March, 1982. The facts in brief are that an incident is said to have taken place on 28.9.1981 at about 6.30 p.m. near the grove of Dina Barai situate in village Amawa,. P.S. Sukhpura, district Ballia in which the ap­pellant is said to have given one knife blow to Harendra Singh, son of Raman Singh who succumbed to the injuries on way to Varanasi. The first information report re­garding the incident was lodged by Raman Singh, the lather of the deceased Harendra Singh at 3.30 A.M. on 29.8.1981 at P.S. Sukhpura which is approximately 10 kms. from the place of occurrence.

(2.) AS per the first information report, the appellant/accused Gopal had worked as a Halwai of the complainant Raman Singh for some time and 3-4 days before the occurrence, at about 2 p.m. the ac­cused/appellant had cut the crops of the complainant and while he was trying to load it, he was caught by Harendra Singh, son of the complainant, who gave him few slaps for committing such theft. Because of such incident the accused-appellant Gopal left the job of Halwai. On 28.9.1981 before 6.30 p.m. Harendra Singh, son of the com­plainant Raman Singh had gone to give meals to the elder brother of the complain­ant at his tubewell and while Harendra Singh was returning home after giving the meals, the accused Gopal Gond, along with two other persons, surrounded the son of the complainant, Harendra Singh lit the torch which was with him and on seeing the accused persons he raised an alarm. The other son of the complainant, namely, Rajdeo Singh who had gone to ease him­self, reached there on hearing the alarm of his brother Harendra Singh. He also rec­ognized the accused in the torch light. The other witnesses, namely, Rajdeo Singh, Raghuraj Singh, Barmeshwar Singh and Jai Govind Singh also reached the spot and saw that the accused Gopal Gond giving a knife blow to Harendra Singh in his stom­ach and ran away with his associates. The complainant also reached the spot and took the injured Harendra Singh on a cot to the Sadar Hospital, Ballia with the help of Mahantam Singh, Sudarshan Singh, Raj Kishore Singh, Janardan Singh etc. The in­jured Harendra Singh was medically exam­ined and was given first aid. The statement of the injured was also recorded in pres­ence of the Magistrate. The doctors at Ballia had, however, advised the injured to be taken to Varanasi hospital; On this medical advise the injured Harendra Singh was being taken to Varanasi in a taxi but on the way he succumbed to his injuries at about 11 p.m. near Karimuddinpur, district Ghazipur. The complainant then took the dead body of Harendra Singh and lodged the report.

(3.) IN the cross-examination the said witness stated that the injury might have been caused by heavy weapon such as 'Bhala'. Sri M.L. Dwivedi, Executive Magis­trate, who had recorded the dying declaration of the accused was examined as P.W. 6. He stated that the doctor had given the certificate on the said dying declaration after recording of the statement that the deceased was in a fit state of mind to give the statement. The Sub-Inspector Jai Murti Pandey conducted the Panchayatnama on the dead body and proved the same and other connected papers, was examined as P.W.8. Sri K. Shanker Prasad Srivastava, the Special Executive Magistrate who con­ducted the identification parade of the ac­cused Jagarnath and Keshav Gond was ex­amined as P.W.9. In his cross-examination he had stated that the accused persons had informed that the identifying witnesses knew them from before the occurrence. The Head Constable Ramesh Chandra Rai who had received the written report on 29.9.1981 at about 3.30 P.M. and prepared the FIR was examined as P.W. 10. Dr. Kailash Singh who had medically exam­ined the deceased Harendra Singh prior to his death and had also given the certificate on the dying declaration which was re­corded by the Magistrate was examined as P.W.11. The Investigating Officer Sri Shambhu Nath Yadav was examined as P.W. 12. He stated that the case was regis­tered in his absence. He, however, interro­gated the witnesses and inspected the spot of occurrence and had prepared the site plan at the instance of Ravindra Singh. The blood-stained and ordinary earth could not be collected because of rain on the previous night. He arrested the accused-appellant Gopal on 30.9.1981 and interrogated him and submitted a charge-sheet against him on 31.10.1981. Out of the other two accused persons, Keshav Gond surrendered in Court on 17.12.1981. Jagarnath was ar­rested from the taxi stand on 22.12.1981. Against them charge-sheet was submitted on 16.1.1982. In his cross-examination he admitted that he did not interrogate Hawaldar, the brother of the complainant Raman Singh for whom the deceased is said, to have taken the meals. He also admitted that the witnesses did not tell him that the weapon was 'Chakunuma Bhala or 'Bhalanuma Chaku' but only stated that the weapon was a 'Chaku'. He also stated that none of the witnesses had told him that the other two accused persons had 'danda' with them. He also stated that the accused Keshav was the brother of accused Gopal and the accused Jagarnath was their brother-in-law.