MOHAN HALDAR Vs. STATE OF U P

JUDGEMENT

(1.) Mohan has preferred this appeal from Jail against his conviction and sentence under Section 302/34 LP.C. to life imprisonment passed on 22:12.1983 by Sri. S.B.L. Kackar, the then Sessions Judge, Saharanpur.

(2.) The prosecution case in brief is that in the night between 26/27-11-1982 at about 2 P.M. in the first floor of Gaur Bhojnalaya situated at Upper Road Hardwar, P.W. 1 Om Prakash and Ashok Kumar, owners of the building and Bhojnalaya along with their servants deceased Mohan Lal and P.W. 3 Tej Bhadur Thapa, their two boy servants were sleeping. This appellant Mohan alongwith Dilip who was earlier an employee of Om Prakash at the Bhojnalaya and had been removed from service about 3-4 months prior to the incident, had entered the room after unbolting a window and attacked the deceased Mohan Lal with knives. On the cries of the deceased the witnesses got up and succeeded in apprehending the present appellant Mohan on the spot along with the blood - stained knife, while his companion Dilip managed to make good his escape. Mohan Lal injured was immediately sent to the hospital in a Car where his injuries were examined by P.W. 4 Dr. M.S. Kunwar at 2.20. A.M. who noted the following two injuries, vide injury report (EX. Ka-3)

(3.) EX.Ka-1 Written report of the occurrence was submitted at P.S. Hardwar at 3.40 in the night; on the basis of which case was registered under Section 307/452 I.P.C. and 25, Arms Act. Investigation of the case was entrusted to S.I. Brijendra Singh (P.W. 6). On 30.11.1982 Mohanlal deceased died in the hospital. Thereafter the case was converted under Section 302 from 307 I.P.C. The Investigating Officer after preparing inquest report sent the dead body for postmortem which was conducted by Dr. B.K. Jaju on 1-12-1982 at 10A.M. In the opinion of the Doctor, death was caused due to haemorrhage on account of the ante-mortem injuries. In the postmortem report no doubt six wounds were noted but it is clear that the four wounds would have been made while the deceased was operated upon for the treatment in the hospital. Dilip could not be apprehended, hence after completion of the investigation accused was charge sheeted and committed and tried under Section 302 I.P.C.