RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) RADHEY Shyam has filed this appeal against the judgment of VII Additional Sessions Judge. Etawah dated 30-9-1981 passed in Sessions Trial No. 12 of 1981 convicting "him under Section 302 IPC.Section 25 Arms Act and Section 5 of Indian Explosives Act and sentencing him to death, two years rigorous imprisonment and two years rigorous imprisonment respectively.

(2.) THE case of the prosecution is that on 16-6-1980 at 3.10 P. M. while Head Constable Shiv Nath (PW 5)and Constables Shyam Manohar (PW 3) and Brijesh Narain (PW 4), who were: posted at Out-Post Asthal of Police Station Kotwali Etawah were on; patrol duty along with other constables in Mohalla Lalpura they saw the appellant and Kishan Kahar deceased fighting with each other near the Jain Dharamshala and the appellant took out a bomb from his pocket and struck it on the head of the deceased as a result of which the deceased received injuries and became unconscious. THE appellant was thereafter caught and one bomb, one country made pistol and one live cartridge were recovered from his possession.

(3.) KISHAN Kahar deceased died on 18-6-1980 as a result of the injuires received by him.