THAKURI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal filed by Thakuri against the order of the then Sessions Judge, Shahjahanpur dated 30/11/1978 in sessions trial No. 288 of 1978, State v. Thakuri convicting the appellant under S. 302, I.P.C. and sentencing him to imprisonment for life.

(2.) Briefly stated the facts of the case are that the deceased Bishanpal was the only son of the accused Thakuri. On 25th day of July, 1977, at about 7 p.m., Bishanpal's mother had upbraided his wife and when the accused Thakuri started upbraiding Bishanpal, the latter objected to it. On Bishanpal's so objecting, Thakuri started hitting him with lathi blows saying that he could not be given any share in the family property. Thakuri also asked Bishanpal to get out of the house. Bishanpal was saved by the intervention of Budhpal, Shyam Sunder and Rajendra Singh, who had reached there on hearing Bishanpal's cries. Next day Bishanpal went with his cousins Meharban and Ram Bharose to the police Station at Kalan and 2.30 p.m. that day lodged a report of the incident. The report was lodged as a non cognizable case for the offences punishable under Ss. 323/506, I.P.C. After lodging the report Bishanpal returned to his house. He died on 27/07/1977.

(3.) Information of Bishanpal's death was given at the Police Station Kalan by Meharban's son Rampal at 5 p.m. on 27/07/1977. Then the case registered against the accused was altered to one under S. 304, I.P.C. Investigation followed and after completion of the investigation the accused Thakuri was charge-sheeted. At the trial before the Sessions Judge, the accused Thakuri did not plead guilty to the charge under S. 302, I.P.C. and claimed to be tried. To prove the charge against the accused Thakuri the prosecution examined five witnesses and relied on the dying declaration by Bishanpal in the report which he allegedly lodged at the Kalan on 26-7-77 of the five witnesses, P.W. 1 Rajendra Singh is a witness of fact. P.W. 2 Dr. N. P. Singh is the Medical Officer who had performed autopsy on the dead body of Bishanpal. S. I. Sri Krishnapal (P.W. 3) investigated the case. P.W. 4 constable 717 Ram Bharose Lal is a formal witness who had taken the dead body of Bishanpal for post-mortem, P.W. 5 Constable 364 Shyam Lal had scribed the report lodged by the deceased Bishanpal against the accused.