DINESH Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Dinesh has filed the present appeal against the judgment and order dated 4/10/1979 of Sri. S.D.N. Singh, Sessions Judge, Mirzapur. The learned Sessions Judge has convicted the appellant D/s. 302, I.P.C. to Imprisonment for Life. The learned Sessions Judge by the same order has acquitted co-accused Rajmani Dubey, Daya Shanker and Shashi Kant.

(2.) The prosecution case is that all the accused belonged to Village Mallepur, P.S. Chilh, District Mirzapur. The deceased also belonged to the same village and the accused are alleged to be collaterals of the deceased. The incident took place on 13/4/1978 at 8.30 P.M. It is alleged that the deceased was sitting in front of his Baithak by the side of his well on a cot talking to his father Ramji who was also sitting on the same cot. Suraj Prasad, uncle of the deceased was sitting on a separate cot nearby. Two other persons, namely, Han Ram Yadav and Paras Ram were also present there. All of a sudden the four accused, namely, Dinesh (appellant), Rajmani Dubey, Daya Shanker and Shashi Kant appeared. Dinesh was armed with a country made pistol while the rest possessed lathis. Rajmani Dubey exhorted that deceased Janmejaya be not allowed to escape and be done to death. Simultaneously he as well as Daya Shanker and Shashi Kant showered lathi blows on the deceased. The deceased got up from his cot but soon he was shot by appellant Dinesh with his country made pistol. The accused escaped. Deceased Janmejaya had fallen down unconscious.

(3.) Ramji Dubey - father of the deceased carried his injured son Janmejaya on an Ekka to District Hospital, Mirzapur. At the District Hospital Janmejaya was declared dead. Ramji Dubey got the First Information Report written out by one Ganesh Tiwari and lodged the same at P.S. Kotwali, Mirzapur at 1 A.M. on 14/4/1978. On the lodging of the First Information Report, chick report Ext. Ka-9 was drawn up and a case at Serial No. 3 of the G.D. Ext. Ka-10 was entered. Since the occurrence related to village Mallepur which was within the jurisdiction of P.S. Chilh, the papers were sent to P.S. Chilh. At- P.S. Chilh the case was registered at 5 A.M. and the investigation was taken up by Sub-Inspector Raj Nath Singh, Later part of the investigation was conducted by P.W. 7 Shyam Surat Mishra. After completing the investigation charge sheet was submitted.