RAJVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) THE sole appellant has challenged his conviction and sentence passed by the Additional Sessions Judge, (Court No. 2), Budaun in S.T. No. 49 of 1997, State v. Rajveer, Case Crime No. 278 of 1996, under Section 302/34, I.P.C., Police Station Bisauli, district Budaun, whereby the appellant has been found guilty under the aforesaid section and has been sentenced for imprisonment for life and fine of ' 10.000 with default stipulation. The facts germane to the appeal are that on 30.8.1989 at about 7.05 p.m. Shyam Lal son of Sri Chunni Singh Yadav, resident of Village Prathvipur. Police Station Bisauli, district Budaun submitted a written report at Police Station Bisauli stating that he and his cousin Tirmal resides in the same house in Village Prathvipur. His wife deserted him about 27 years ago. At that time she was having son Ram Avtar, daughter Munni and a child in womb whose name is Rajveer. They used to visit Tirmal and for two months Ram Avtar and Rajveer, were residing with their father. They used to insist him for getting a house constructed in Bisauli and on this issue there was tension between them. In the preceding night at about 12 O'clock Tirmal cried for help whereupon he. his wife Ram Beti, daughter Preeta and son Om Veer woke up and climbing up stairs on the roof found that Ram Avtar and Rajveer were assaulting Tirmal with knives, who was crying and fell upon the cot. The accused also threatened them but on their alarm village people also arrived there and the accused persons made their escape good. In the written report it is further stated that the complainant and his family members has seen the incident and the accused in the light of lantern, who were in the courtyard and on the roof. Tirmal instantaneously died on the spot and a blood stained knife was lying there. On the basis of this report a case under Section 302/34, I.P.C. was registered at Crime No. 278 of 1996 at P.S. Bisauli, district Budaun and the investigation whereof was taken over by S.H.O. Karan Veer Singh Vansala. After interrogating the complainant he reached at the spot, prepared site -plan, collected samples of plain and blood stained earth. He also found a blood stained knife, pair of blood stained chappals and pieces of blood stained rope (baan) from the cot on which the deceased fell down after sustaining injuries and prepared separate memos. He also inspected the two lantern in working condition, which were lighting in the courtyard and on the roof and gave in the supurdagi of the complainant after preparing memo Ext. Ka -2. The inquest over the cadaver of the deceased was performed and alongwith usual papers the dead body was sent in sealed cover for post -mortem at 10.30 a.m. on 30.8.1996. The same day Dr. R.C. Dimri conducted autopsy on the corpse of 60 -years' old deceased at 4.00 p.m. He found that the deceased was having average build body. Rigor mortis was passing of from both upper limbs and was present in both limbs. The doctor has noted the following ante -mortem injuries in his post -mortem note:

(2.) THE Investigating Officer thereafter interrogated the witness and after completing the same has filed charge -sheet against the appellant and his brother Ram Avtar.

(3.) IN support of the charge the prosecution has examined the complainant Shyam Lal, P.W. 1, Omvir, P.W. 2, Anokhe Lal P.W. 3, Dr. R.C. Dimri P.W. 4, Constable Ibrahim Khan P.W. 5, Sub -Inspector Ajal Kumar Tyagi P.W. 6 and the retired Inspector Karam Veer Singh Vansala, P.W. 7.