STATE OF U P Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is an appeal which the State of U. P. has filed against the acquittal of Vakil under section 302 and of Om Prakash and Hira Lai under section 302 read with section 34 of the Indian Penal Code.

(2.) THE first information report of the incident Ex. K.a-1 lodged by Chunni Lal at 10.30 p.m. on 13-8-74 in the Police Station Kotwali, Allahabad discloses that in the preceding night the deceased Subhash had gambled with the accused Vakil, Hira Lal, Om Prakash and one or two other persons on the roof of the Amjad Buildings. During the gambling there was a quarrel between Subhash and Hira Lal. THEy restarted quarrelling when they met during the day with Subhash. Hira Lal gave a threat to Subhash that he would teach him a lesson. THE people residing in the vicinity intervened to pacify them. THE clash was avoided but the accused carried venom in their hearts. At about 8 p m. when Subhash was on his way to the market to purchase some Chatpata (spicy edible), the accused surrounded him. Hira Lal and Om Prakash caught hold of him and Vakil stabbed him with a knife. THE witnesses Hira Lal Gupta, Baijnath Singh, Arun Kumar, Mahesh Bhujwa and others witnessed the entire incident in the torch and electric light and saved Subhash else they would have killed him. Hira Lal son oi Asharfi Lal, the scribe of the FIR and Suresh took him to the Moti Lal Nehru Hospital. THEre the doctor having found his case to be sufficiently critical requiring expert attention directed him to be taken to the Swarap Rani Hospital. Subhash was admitted there at the time when the report was lodged by his father.

(3.) SUBHASH Chandra died as a result of the above injury on 24-8-1974 at 9.45 P.M. as is clear from his medical sheet and the post mortem report Ex Ka-2. This case which was initially registered under section 307 IPC was changed into one under section 302 IPC vide G. D. entry Ex Ka-6.