ANNU Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been filed against the judgement and order dated 28.11.1981 passed by the IInd Additional Sessions Judge, Gonda, thereby convicting the appellant under Section 302 I.P.C. and sentencing him with life imprisonment.

(2.) THE prosecution case as unfolded in the F.I.R. is that deceased Bhaironath was eating betel at the shop of Yadav situated at Golaganj on 16.6.1979 at 8 p.m. While he was taking betel accused Annu Halwai, resident of Pandey Bazar, Gonda also came at the betel shop and asked the deceased to purchase the betel for him. Upon this, the deceased scolded the accused. It is thereupon the accused went to nearby lane and then came back and when he came back the complainant was near the house of Bhola son of Shital. The accused came in rushing and stabbed in the abdomen of the complainant with knife. As soon as the blow was given, the food came out of the abdomen. The deceased raised alarm and fell on the ground. There was commotion on the spot, which attracted Ramesh resident of Maharajganj locality, Patmeshwari Shukla resident of Raja locality and others to the scene of occurrence. The incident was witnessed by them. The accused Annu then ray away along with knife. The source of light was also indicated in the F.I.R. Upon dictation of the complainant, the F.I.R. was written by Arun Kumar Tandon. The deceased was thereafter taken to the police station Kotwali (City), Gonda in a rickshaw by Ramesh where the F.I.R. was lodged at 10.05 p.m. on 16.6.1979 itself, upon which a case under Sections 307/324 I.P.C. was registered at serial no.35 vide chik F.I.R. Ext. Ka-16 and G.D. Entry Ext. Ka-17. The deceased was then sent to District Hospital, Gonda for medical examination with chitthi Majroobi Ext.Ka-18. He was examined by Dr. U.S. Singh, PW-5 at 10.35 pm. on 16.6.1979 itself.

(3.) THE investigation was entrusted to Ram Sajiwan Shukla, P.W.7 on 17.6.1979 at 16.35 hours, he started investigating the case and went to the District Hospital, Gonda but he could not find the victim as he stood transferred to Balrampur Hospital, Lucknow for treatment. He thereafter went to the place of occurrence and recorded statements of Ramesh and Patmeshwari. He also made local inspection of the place of occurrence and prepared site plan Ext. Ka-14. Statements of Arun Kumar, Ram Janki, Bhola, Bhagwati and Tribeni were also recorded and search of the appellant was made but he could not be traced. On 20.6.1979 the appellant surrendered before the court of C.J.M. Gonda. After completion of investigation he submitted charge sheet against the appellant on 26.8.1979.Charge under Section 302 IPC was framed against the appellant who pleaded not guilty and claimed to be tried. The appellant in his statement under Section 313 Cr.P.C. attributed his false implication due to enmity. The prosecution produced Arun Kumar, the scribe of the FIR, as P.W.1 Patemeshwari as P.W.2, Ramesh as P.W.3, Shambhu as P.W.4, Dr. U.S. Singh as P.W.5, Tahsildar/Magistrate Dharampal as P.W.6, Investigating Officer Ram Sajiwan Shukla as P.W. 7, Constable Kripa Shanker as P.W.8 and Dr. M. P. Singh as C.W.1.