OMAN HALDAR Vs. STATE OF U P

JUDGEMENT

(1.) H. C. Mittal, J. Mohan has preferred this appeal from Jail against his conviction and sentence under Section 302/34 I. P. C. to life imprisonment passed on 22. 12. 83 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 a. m. in the first floor of Gaur Bhojnalays situated at Upper Road Hardwar P. W. 1 Om Prakasn and Ashok Kumar, owners of the building and Bhojnalaya along with their servants deceased Mohan Lal and P. W. 3 Tej Bahadur Thapa, their two boy servants were sleeping. This appellant Mohan along With 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 ). 1. Stabbed wound 2 cm x 0. 5 cm x 2. 5 cm deep on the left side chest, 16 cm below the left axilla, surgical emphysema present around the wound. X-ray was advised and the wound was kept under observation. Bleeding was present. 2. Stabbed wound 2. 2 cm x 0. 5 cm x 3 cm deep, bleeding present on the back of left side, 12 cm below the left shoulder THE injury was kept under observation.

(3.) THE version of the accused has been of false implication. He did not adduce any evidence in defence. THE learned Sessions Judge had also made a local inspection of the scene of occurrence and after considera tion of the evidence on record he convicted and sentenced the appellant as above.