STATE OF U.P. Vs. HIRA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21.12.79 passed by the learned Sessions Judge, Non-Metropolitan area, Kanpur, convicting the appellant under Sec. 302, I.P.C. and sentencing him to imprisonment for life.

(2.) The case for the prosecution briefly stated is as follows: In the morning of 18.4.78 when the defacto complainant Pratap Singh along with Himmat Singh (the deceased) and other were coming back from village Karimnagar and had reached a place near village Mundi Pulia, the appellant accosted them and attacked Himmat Singh (deceased) with a lathi as a result of which he immediately fell down dead. The appellant then tried to run away but he was chased and apprehended with the blood stained lathi. Along with the appellant and his blood stained lathi the defacto complainant and others went to the Police Station and lodged a first information report. On the basis thereof a case was registered by Sikandara Police Station and on completion of investigation charge sheet was submitted against the appellant. In due course the case was committed to the court of sessions. In answering the charge levelled against him, the appellant admitted that he had killed Himmat Singh and the reason for this such killing, as given by him, was that he (the deceased) was having illicit relation with his wife.

(3.) Inspite of such admission made by the appellant the learned Sessions Judge proceeded with the trial as he was of the opinion that such an admission was qualified. In such circumstances the prosecution examined only the defacto complainant (P.W. 1) to give ocular version of the incident. Relying primarily upon the same the learned Judge recorded the impugned order of conviction and sentence.