RAJ KUMAR YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Having been convicted by the then IIIrd Additional Sessions Judge, Ghaziabad by judgment dated 16-10-1994 in S.T. No. 4 of 1992 and S.T. No. 5 of 1992, the accused has preferred this appeal. Both the trials have been decided by a common judgment. He has been sentenced to life imprisonment in S.T. No. 4 of 1992 under Section 302, I.P.C. and to one year's rigorous imprisonment under Section 25 of Indian Arms Act in connected S.T. No. 5 of 1992. Both the sentence have been ordered to run concurrently.

(2.) The relevant facts may be stated briefly for proper appreciation. The victim of the felony, who was murdered, was Ram Kishan. The incident occurred on 16-7-1991 at about 2.45 p.m. in Sector 19, NOIDA and the report was lodged the same day by Heera Lal, cousin of the deceased at 3.30 p.m. The deceased was alive at the time of lodging of the F.I.R. but he died later on at 7.30 pm. Ram Kishan had his shop in D-Block of Sector 21. The accused-appellant Raj Kumar had taken a loan of Rs. 2200.00 from him for the payment of which Ram Kishan was pressing hard. A little before the incident, the accused-appellant came to the shop of Ram Kishan and coaxed him to accompany him on the pretext that he would make his payment at the factory in Section 3. Ram Kishan accompanied the accused-appellant on a rikshaw to realize his money. The rikshaw was being driven by PW 2 Ram Prasad. When the rikshaw reached in Sector 4 and took a turn in the Gali of Super Cassette Factory, all of a sudden the accused-appellant took out a knife and gave knife blows to him. Ram Kishan raised alarm whereupon the informant PW 1 Heera Lal Jageshwar and PW 3 Ramesh Chandra also reached the spot. The accused-appellant ran away towards Sector 19. The informant brought his cousin brother Ram Kishan to Hospital in injured condition and thereafter lodged written report at the police station. The investigation followed. In the first instance, Ram Kishan was taken to the Hospital of Dr. Mahesh in Sector 19 itself and then to Holy Family Hospital, New Delhi where he expired the same day. The accused-appellant was arrested the next day and the weapon of offence also came to be recovered at his pointing from Nala nearby the place of occurrence where he had thrown it. Before being taken to Holy Family Hospital, New Delhi, the statement of the victim was recorded by the Investigating Officer after the lodging of the F.I.R. in the ambulance in which he was placed.

(3.) The post mortem over the dead body of the deceased was conducted on 17-7-1991 between 2.30-3.30 pm. He had died on 16-7-1991 at 7.30 p.m. in Holy Family Hospital, New Delhi, where he was admitted at 3.40 pm. He was aged about 25 years. The following ante mortem injuries were found on his person :- 1. Incised wound on right index finger over proximal Phalanx of size 2 cm x 0.5 cm x bone deep with clean cut everted margin. 2. Incised wound on right ring finger over proximal phalanx of size 2.5 cm x 0.5 cm x bone deep with clean cut everted margins. 3. Stab wound over left shoulder placed obliquely 6 cm below shoulder margin and 12 cm. left of midline of size 3 cm x 1.4 cm x 4 cm. with clean cut everted margin, cutting underlying the right subcutaneous tissue and muscles. 4.Stab wound right para umbilical region placed 6 cm from mid line 3 cm above umblicus placed transversely of size 3.5 cm x 2 cm penetrating into the abdominal cavity causing mesenteric haematoma and cutting through the intestine at multiple places and going through mesentery into retroperitonium causing retroperitomical haematoma of an amount of 500 ML. There was incised wound of pelvic vessels. The direction of the wound was posterialy and medially.