PRABHAKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Prabhakar has filed this appeal against his conviction under section 302, I.P.C. and sentence of life-imprisonment imposed by the learned Sessions Judge, Jaunpur, by his judgment and order dated 19.4.1979. His two real brothers, namely, Chandra Shekhar and Diwakar, and Kashinath, son of Ram Shiromani, were also tried along with him but they were acquitted.

(2.) The case of the prosecution, in brief, is as under: Litigation regarding consolidation of holdings was going on between Ramdeo Dube (further of the appellant) and the first-informant Sukhdeo (father of the deceased) in the court of the Deputy Director of Consolidation, Jaunpur. On 27.2.1976 exchange of hot words took place between P.W. 6 Lorik (brother of Sukhdeo) and Ramdeoin Jaunpur in connection with the aforesaid case. Appellant Prabhakar and deceased Phool Chand were studying in the same school at Meerganj and their relations with each other had become highly strained. However, since a month before the incident both of them had become friendly. On 3.3.1978 at about 8 P.M. the appellant Prabhakar took the deceased Phool Chand towards north of the village on the pretext of attending the call of nature. Some time thereafter an alarm was heard on which Purshottam, Sheonath and Ram Adhar rushed there flashing their torches. In the light of torch they saw that a scuffle was going on between the appellant and the deceased and the remaining three accused, namely, Chandra. Shekhar Diwakar and Kashinath, were also assisting the appellant Prabhakar. The appellant assaulted the deceased with a Karauli in his abdomen who fell down after receiving the injury. The appellant then threw the Karauli and all the accused ran away from the spot. Sukhdeo also reached the place of occurrence but seeing the condition of his son he was greatly shocked and was brought to his house. Lorik P. W. 6 and others took the injured Phool Chand on a cot to Primary Health Centre, Suriawan. The condition of the victim was very serious and, therefore, after recording his dying declaration Dr. R.N. Tripathi (P.W. 13) advised that he should be taken to Varanasi for treatment. However, before Phool Chand could be admitted in a hospital at Varanasi he succumbed to his injuries. Meanwhile Sukhdeo got a First Information Report scribed by Radhey Shyam and lodged the same at 6.05 A.M..on 4.3.1978 at P.S. Meerganj. He was not aware that his son had died before reaching the Hospital at Varanasi and, therefore, the First Information Report was registered under section 307, I.P.C. He had also brought the Karauli with which the appellant had assaulted the deceased and the same was deposited at the police station.

(3.) The investigation in the case was initially done by P.W. 14 Ambika Pande and after the case had been converted to section 302, I.P.C. the investigation was taken over by P.W. 11 Rang Nath Pan de who submitted charge-sheet against the four accused. The case was committed to the court of sessions where charge under section 302, I.P.C. was framed against the appellant. The prosecution in support of its case examined 14 witnesses including three eye-witnesses. The learned Sessions Judge believed the prosecution case and convicted and Sentenced the appellant as mentioned earlier.