RAKESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The sole appellant Rakesh Chandra has come up to this court being aggrieved by the impugned judgment and order of his conviction and sentence dated 28.7.1982 passed by Session's Judge, Kanpur in S.T. No. 19-M/1982, State v. Sarju Prasad and others. While convicting the appellant under Section 302, I.P.C. and sentencing him to life imprisonment on that count, learned trial Judge has acquitted other two accused Sarju Prasad and Sheo Shanker Lal of the charge under Section 302/34, I.P.C. giving them benefit of doubt. It is this judgment, which is under challenge before us by the appellant. Prosecution allegations against the appellant, as are perceivable from a co-joint reading of the written F.I.R., Ext. Ka-1, and depositions of two fact witnesses informant Shyam Mohan Vishwakarma, P.W. 1, and Chandra Mohan P.W. 2, during the Session's Trial, reveals that Vishwanath Vishwakarma (deceased) was the father of both the fact witnesses Shyam Mohan (informant) P.W. 1, and Chandra Mohan, P.W. 2. Accused-appellant and they were neighbours. On the ill-fated day of the incident dated 29.9.1980 at about 7.30 p.m. deceased was digging the soil and was dumping it of his roof. This digging was objected to by the three accused Sarju Prasad, Sheo Shanker Lal and Rakesh Chandra (appellant), who all forbade the deceased to desist from his digging activities. One of the acquitted Sarju Prasad even assaulted the deceased by twisting his arm. Another accused Shankar caught hold of the deceased and present appellant Rakesh knifed the deceased three or four times. On hue and cry raised by the father informant and his brother P.W. 2, co-villagers Ganga Charan, Sarju Prasad, Rama Shankar arrived at the spot and witnessed the incident and tried to save the injured but could not muster enough courage to apprehend the assailants, who all, after the incident, escaped from the incident spot. Informant and his brother brought their injured father to the Hallet Hospital and got him hospitalised. Subsequent thereto informant P.W. 1 dictated incident F.I.R. to Genda Lal Sharma, who slated it and thereafter informant P.W. 1 measured the distance to the Police Station Kalyanpur, about three kilometres, where he lodged his written report Exhibit Ka-1, following day morning at 8.10 a.m.

(2.) Head constable Fateh Bahadur registered the crime by preparing chik F.I.R. Exhibit Ka-6 and the relevant G.D. entry Exhibit Ka-7.

(3.) Injured Vishwanath was medically examined on the incident date, 20.9.80 at 7.45 p.m. in L.L.R. Hospital, Kanpur also called Halett Hospital, vide Ext. Ka-15 by Dr. S.K. Bhagwat, P.W. 4, who had prepared his medical examination report Ext. Ka-5. The doctor had found following physical external injuries on the person of the injured: