SATYA PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 18/9/2008 passed by the First Additional Sessions Judge, Kannauj in S.T. No.57 of 1998 convicting the appellant (Satya Prakash) under Sec. 302 IPC and sentencing him to imprisonment for life with fine of Rs.5,000.00 and a default sentence of additional one month.

(2.) In a nutshell, the prosecution story as narrated in the first information report (FIR) is that, on 28/6/1998, at about 9 pm, the informant Harish Chandra (PW-1) and his brother Phool Chandra (the deceased) were sitting at the door of their house when Satya Prakash (the appellant), Kanhaiya (who died during trial), both sons of Shiv Balak Tripathi, Bahadur son of Jaijram Yadav and Ramu Tripathi son of Kailash Nath Tripathi came armed with country made pistols and, on exhortation of Kanhaiya, the appellant (Satya Prakash) fired from his country made pistol at the deceased, with a view to take his life, which hit the deceased. On raising alarm, Mool Chand Raidas (PW-2), Ram Kumar Tripathi (not examined), and Shiv Sharan Tripathi (not examined) and various other persons came and witnessed the incident. The accused ran away by extending threats. The written report (Ex. Ka-1) of the incident, alleging as above, was submitted by PW-1 by adding that the brother of the informant, namely, Phool Chandra (the deceased), has been taken to the hospital and after getting him admitted in the hospital, the informant has come to lodge the FIR. This written report was registered as Case Crime No.410 of 1998 at P.S. Kannauj, District Kannauj, vide G.D. Entry No.30 (Ex. Ka-5), dtd. 28/6/1998, at 23.10 hrs, of which the Chik FIR (Ex. Ka-4) was prepared and both were proved by PW-6 (retired Head Constable Chhedi Lal Gupta). Initially, the case was registered under Sec. 307, 504, 506 IPC but, later, vide report No.3, dtd. 29/6/1998, at 2.15 am, the case was converted to one punishable under Sec. 302, 504, 506 IPC. The carbon copy of the G.D. Entry No.3 in respect of alteration of the charging sec. was proved by PW-6 and exhibited as Ex. Ka-6. In the meantime, a seizure memo (Ex. Ka-2), dtd. 28/6/1998, signed by Mool Chand Tripathi (PW-3) and Atul Kumar Tripathi (PW-4), in respect of lifting blood stained earth and plain earth as well as one empty 12 bore cartridge from the spot, was prepared which was proved by PW-3, PW-4 and the first investigating officer (I.O.) (PW-8). On 28/6/1998 itself, site plan (Ex. Ka-8) was also prepared by PW-8 and, on 29/6/1998, at about 11 am, inquest was completed at Dixit Hospital, Kannauj of which inquest report (Ex. Ka-9), witnessed by PW-1, amongst others, was prepared. Thereafter, at about 6.20 pm, on 29/6/1998, autopsy on the body of the deceased was carried out at District Hospital, Fatehgarh of which, post-mortem report (Ex. Ka-3) was prepared and proved by Dr. S.K. Saxena (PW-5).

(3.) The post-mortem report (Ex. Ka-3) reveals: (i) that Rigor Mortis had passed away on upper extremities though present in lower extremities; (ii) that there was a multiple pellets entry wound on front of the head, forehead and face including both eyes and upper part neck with margins inverted lacerated and ecchymosed; and (iii) that internal examination disclosed presence of 150 gm of pasty matter in the stomach; trachea and larynx lacerated; frontal bone of the skull (occipital region) and nose fractured. The estimated time of death was half a day before.