PREM CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a criminal appeal, filed under Section 374(2) of the Code of Criminal Procedure 1973, by accused Prem Chandra, son of Ram Suhawan, resident of village Dewauapur, H/o Sawant, Police Station Khaga, District Fatehpur, challenging his conviction and sentence under Section 302 I.P.C. read with Section 34 I.P.C. and Section 307 I.P.C. read with Section 34 I.P.C., relating to Crime No. 208 of 1980, Police Station Khaga, District Fatehpur, recorded by the IInd Additional Sessions Judge, Fatehpur, in Sessions Trial No. 16 of 1981-State Vs. Prem Chandra, vide impugned judgment and order dated 30.4.1982, whereby the appellant Prem Chandra has been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced to imprisonment for life thereunder. He has been further convicted under Section 307 I.P.C. read with Section 34 I.P.C. and sentenced to seven years Rigorous Imprisonment. Both the sentences were directed to run concurrently.

(2.) THE accused Prem Chandra was tried by the Sessions Court for committing murders of his own uncle Ram Kumar aged about 34 years (real brother of his own father) and Sughar aged about 6 years, son of Ram Kumar (his real cousin brother) and for inflicting serious injuries to Smt. Sundari, wife of Ram Kumar, (aunt of the accused) by inflicting blows with a Gandasa (a heavy sharp edged cutting weapon) in the mid night of 10/11.9.1980 when both the deceased persons and injured lady were sleeping in the courtyard of their house.

(3.) S .I. Lal Singh Chandel recorded the statement of Smt. Sundari PW-1 and Head Constable Sukhpal Singh PW-9 at the police station itself. Smt. Sundari was sent for medical examination of her injuries to Primary Health Centre, Khaga where Dr. Dinesh Chandra Rai PW-8 examined her injuries on 11.9.1980 at 9.10 A.M. Dr. Rai prepared her injury report, Ext. Ka-26, and found the following injuries on her person:-