ARVIND KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 482 of 1981 has been filed by Arvind while Criminal Appeal No. 518 of 1981 is by accused Anil alias Pappu.

(2.) Both of them have been convicted under section 302 I.P.C. and sentenced to imprisonment for life by the then Vth Addl. Sessions Judge, Etawah in Sessions Trial No. 241 of 1980 by the judgment dated 25-2-1981.

(3.) The prosecution case, as was set up in the F.I.R. lodged by Anil Prakash Shukla, P.W. 1, in short, was that about one and half years prior to the occurrence in question Atul Prakash Shukla, brother of first informant was beaten by accused Arvind Shukla and despite having assaulted him, accused Arvind tried to implicate Atul Prakash in a false case but could not succeed. Since then Atul Prakash Shukla and Arvind were on inimical terms. It was further alleged that on 21-10-1979 first informant Anil Prakash Shukla and his brother Atul, deceased of this case, were going to their residential house after taking a round in the market and when they were in front of the house of Shyam Babu Sharma in Mohalla Gumti Qasba Auraiya accused Arvind, Anil alias Pappu and Virendra Dubey suddenly appeared there. They cried that Atul be killed, whereupon accused Arvind gave one knife blow on Atul. He ran crying and fell down on the Chabutra of Shyam Babu Sharma. Besides the first informant, the incident was witnessed by Dinesh Shukla, Ramesh Kumar Tripathi and Laljee Chaurasiya and accused persons were identified in electric light. Accused persons ran away when challenged. Anil Prakash along with the witnesses came on the Chabutra where Atul was lying injured. He sent Laljee Chaurasiya to call his father who imme?diately arrived there and asked Anil Prakash Shukla to lodge the report. He also carried Atul to police station in a rickshaw leaving Anil Prakash P.W. 1 on the spot, Anil Prakash scribed the report Ex. Ka 1 and lodged the same at police station Auraiya at 8.10 p.m. Police station was situated only at a distance of about 3 furlongs from the place of occurrence. On the written report of Anil Prakash Shukla, case under Section 307 I.P.C. was registered against Arvind Shukla, Virendra Dubey and Anil alias Pappu in the general diary at Sl. No. 36, which also indicates that injured Atul had reached at the police station along with first informant Anil Parakeet Shukla. Injured Atul was sent to Hallet Hospital, Kanpur with constable 536 Ram Prakash who also carried with him the chithi majroomi. On account of strike Atul could not be admitted in Hallet Hospital, therefore, he was taken to Ursula Hospital Kanpur. Atul's father, P.W. 2 Ram Sewak Shukla accompa?nied Atul when he was taken to Kanpur in a Bus.