MOHAN @ MOHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms.Mahima Maurya, learned Amicus Curiae appearing for the appellant and Sri L.D.Rajbhar, Prem Shankar Mishra, learned A.G.As for the State respondent.

(2.) This criminal appeal is directed against the judgment and order dated 18.5.1996 passed by the IVth Additional Sessions Judge, Jhansi in Sessions Trial No.144 of 1991 (State vs Mohan @ Mohan Singh) under Sections 307 & 302 IPC, P.S -Kotwali, District-Jhansi, whereby appellant Mohan @ Mohan Singh has been convicted for the offences under section 302 and sentenced for life imprisonment and under section 307 I.P.C., sentenced for seven years rigorous imprisonment. Both the punishments are to run concurrently.

(3.) The prosecution story as unfolded with the First Information Report, dated 10.6.1991 registered at about 5.30 a.m at P.S-Kotwali, District-Jhansi that on 10.6.1991 at about 4.30 a.m, when deceased Jamna (wife of the first informant) and his aunt Rajabeti, wife of Nathhu were going to get drinking water from the Public (Sarkari) Tap and the first informant was accompanying them to attend the call of nature, Mohan (appellant) son of Kallu Kachhi and two other young boys met them at a place inside the outer gate of the village. Seeing them standing, on their way, his aunt Rajabeti stopped them, Mohan then said "[1]" and attacked Jamna by knife in her chest while his two accomplices caught hold of Jamuna (deceased). The first informant Parikshit (husband of deceased) challenged them in the torch light and his aunt Rajabeti hit them by the metal pot (Kasedi) which she was carrying to fill water. Mohan also hit back Rajabeti by knife causing injury in her left hand. The deceased fell down and died. Amidst the chaos, on the challenge raised by the first informant, three assailants ran away towards the grove. Some people took deceased Jamna and injured Rajabeti to the District Hospital. The motive to commit the crime as stated in the report is that around five days prior to the occurence, an alteration took place between wife of first informant Parikshit and his neighbour Mohan s/o Kallu Kushwaha also his mother Rama. In the said altercation, Mohan had threatened the deceased with dire consequences. Since it was a normal dispute and hence no report was lodged by the first informant. It was stated that the first informant and his aunt Rajabeti had seen the assailants Mohan and his two accomplices clearly in the torch light and they knew accused Mohan by name whereas his two other accomplices were not known to them. They, however, could recognize them, if the assailants were brought before them. The report is scribed by one Kalicharan s/o Narayan Das.