LAWS(ALL)-2002-10-164

KANT Vs. STATE OF UTTAR PRADESH

Decided On October 31, 2002
SRI KANT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Appellant-Sri Kant and his real brother Rama Kant faced trial before the then Vth Addl. Sessions Judge, Kanpur in Sessions Trial No. 240 of 1979. The charge against the appellant-Sri Kant was of S. 302, I.P.C., whereas, his brother Rama Kant faced trial under S. 120-B, I.P.C. read with S. 302, I.P.C. By the judgment dated 10-6-1980 recorded by the trial Court, Rama Kant was acquitted but the appellant-Sri Kant was convicted under S. 302, I.P.C. and sentenced to life imprisonment. Aggrieved, he has preferred this appeal.

(2.) The incident took place in between 28/29. 5.79 at about 1 a.m. in village Sen Paschim Para, P.S. Bidhnu, District Kanpur. The F.I.R. was lodged on 29-5-1979 at 6.20 a.m. by one Vishwa Nath Dubey. The distance from the place of occurrence to the police station was 7 miles. The victim of the offence was Sheo Adhar. He was allegedly shot dead by the present appellant. The facts, shorn of superficialities, are that on 28-5-1979 there was Phaldan ceremony of Chhutkau, the grandson of Basant Singh of the resident of village Sen Paschim Para. P.W. 2 Vishwa Nath had gone to attend it at about 8 p.m. The function was largely attended by the residents of the village and concluded at about mid-night, followed by dinner. After the festivities ended, P.W. 2 Vishwa Nath along with Sheo Adhar deceased, Maluke, Jai Narain, Raj Narain, P.W. 3 Sheo Narain and few others left for their houses together. Appellant-Sri Kant was carrying the gun of his brother Rama Kant. When they reached in front of the house of Raja Ram Kachhi, the appellant fired on Sheo Adhar who fell down on receiving the shot. He shot at him a second time after he had fallen. Sheo Adhar died then and there. The appellant made his escape good threatening that whosoever dared to pursue him, would be killed likewise. There was long-standing enmity between the appellant and Sheo Adhar, which was the cause of this murder. On lodging of the F.I.R., the case was registered and investigated by the police as usual. P.W. 5 Ved Prakash Gautam and P.W. 6 S.O. Rama Shankar Mishra were associated in succession with the investigation of the case.

(3.) The post-mortem over the dead body of the deceased was conducted by P.W. 1 Dr. Swami Din Raghuvanshi on 30-5-1979 at 2.30 p.m. The deceased was 38 years of age. The following ante-mortem injuries were found on his person :