KALI PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Mary Punch (Sheeba Jose) and Mohd. Kalim learned counsels for the appellant and Sri Patanjali Mishra learned A.G.A. for the State-respondent.

(2.) This appeal is directed against the judgment and order dtd. 18/4/1996 passed by the VIIth Additional Sessions Judge, Allahabad whereby appellant Kali Prasad has been convicted of the offence under Sec. 302 IPC and sentenced for life imprisonment.

(3.) The first information report regarding the incident occurred on 29/6/1994 at about 11:30 AM, at the Phaphamau Railway Crossing, was lodged by Sri Ram Prakash Singh (PW-5) with the thumb impressions of the eye-witnesses PW-2 Ashok Kumar and PW-3 Ramesh Kumar Sharma. As per the eye-witness account as narrated in the written report, on the fateful day, i.e. on 29/6/1994, deceased Ram Aasre Bhartiya was driving a Truck No. UP70 9822 when he reached at the Phaphamau Railway Crossing at about 11:30 AM, the crossing gate was closed to pass a train. As soon as the gate was opened when the train crossed over, deceased Ram Aasre Bhartiya moved his vehicle (truck) to cross the railway track. At the same time, one Truck No. UP65 B8551 also moved forward from the opposite direction (Eastern side) to cross the railway track. By chance, both the trucks came side by side and got stuck in the middle of the railway track. The drivers of the trucks started arguing as to who would take his truck back. Getting angry, out of rage, the driver of Truck No. UP65 B8551 attacked in the neck of deceased Ram Aasre by knife. The Khalasis of the truck namely Ashok and Ramesh got down while making hue and cry and with the help of the public (crowd) present at the spot, they had succeeded in catching hold of the assailant driver. In the meantime, the Khalasi of the said truck had succeeded in running away from the spot of the incident. The truck driver Ram Aasre had died on the spot. Looking to the crowd, the Railway Police reached at the spot and the assailant driver namely the appellant herein was caught. The assailant driver disclosed his name as Kali Prasad son of Lochan Kumhar, resident of Mohalla Golachhani, Police Station Sasaram, District Rohtas (Bihar).