BUDHISH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3 1/05/1978 passed by Sri R. B. Lal, Sessions Judge, Kanpur in Session Trial No.240/ M of 1977, convicting and sentencing the appellant Budhish Chandra for life imprisonment for the offence punishable u/S.302, I.P.C. and one year's rigorous imprisonment for the offence punishable u/S. 25, Arms Act and the sentences were made to run concurrently.

(2.) The case of the prosecution, in brief, has been that in the night between 6th/ 7/07/1977 Roshan Lal, his wife and their sons Yograj Bajaj and Jagmohan Lal were sleeping in the court-yard of their first floor quarter No. 465-A, Shastri Nagar, Kanpur and at about 2-30 a.m.Yograj and his younger brother Jagmohan Lal woke up from sleep due to the report of the fire arm shot and saw in the light of the street electric pole Budhish Chandra appellant, who is the real brother-in-law (Sala) of Yograj climbing on the wall. It is alleged that their mother after moving the hand of her husband Roshan Lal from his body, said that he had been hit fire arm-shot and they all raised alram but in the mean time the appellant fled away through the roof of staircase and by descending down through the drain pipe on the partition wall. It is alleged that Yograj and Jagmohan Lal then opened the lock of the stair case door and came down at once and ran to apprehend the assailant. P.W.3 R. C. Mitra, Sardar Tara Singh etc., according to the prosecution, joined them and apprehended the appellant at a distance of about 100 yards from the quarter No. 465-A in the open space situate in front of the Block No.461, Shastri Nagar because of the help of the police Patrol Party headed by Ahamad Hasan constable coming from the other side and that a country made pistol, the barrel of which contained the spent cartridge, was recovered from his hand and three live cartridges from the pocket of his pant. It is alleged that they all came hack along with the appellant and the Police Patrol Party to the building containing the quarter No. 465-A and kept the appellant detained there at the ground level where Yograj and Jagmohan Lal went up stairs to see their father and found that Roshan Lal had a wound on his chest and died on the cot on which he was sleeping. Yograj, according to the prosecution, wrote the written report Ex.Ka. 1 and he along with the police party and R. C. Mitra etc. came to the police station Swarup Nagar Kanpur situate at a distance of about 3 Kilometres from the place of occurrence along with the appellant in his custody and the articles recovered from him and lodged the report there. P.W. 5 Jagdish Narain Sharma constable clerk at the police station prepared the check report Ex.Ka.3 and took in possession the recovered pistol and cartridges vide Ex. Ka.2 and put the appellant in the lock up and the recovered articles in the sealed cover in the Malkhana of the police station and made an entry of the substance thereof in the General Diary at serial No. 57, a copy of which is Ex.Ka. 4. Appellant, according to the prosecution, desired to marry the younger sister of Yograj but Roshan Lal had turned down his proposal.

(3.) Sri R. S. Kulshrestha senior Sub-Inspector of Police in whose presence the first information report was lodged, made the investigation of the case. Lakshmi Singh Sub Inspector of police posted at the out post Shastri Nagar prepared the inquest report.