SUSHIL KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. These are two connected appeals challenging the judgment and order dated 19-12-1980 passed by Sri R. C. Verma, the then II Additional Sessions Judge, Aligarh in S. T. No. 546 of 1979. The appellant in Criminal Appeal No. 100 of 1981 is one Sushil Jain who has been convicted under Section 302 I. P. C. and sentenced to life imprisonment. The other Criminal Appeal No. 746 of 1981 has been preferred by the State challenging the acquittal of two co-accused, namely, Rakesh Kumar Bisaria and Subhash Chand Shiroti of the charge of Section 302 IPC read with Section 34 I. P. C. The trial Court convicted these two only under Section 324 I. P. C. read with Section 34 I. P. C. and directed them to be released on probation on furnishing personal bond of Rs. 2,000/- by each of them with one surety in like amount to keep peace and be of good behaviour for a period of one year.

(2.) THE incident took place in between the night of 8/9-8-1979 at about 1. 30 a. m. in Labour Colony, Police Station Hathras. THE deceased was Jai Shanker who was allegedly stabbed to death by Sushil Kumar Jain while two others (co-accused) (respondents in Criminal Appeal No. 746 of 1981) caught hold of him. THE report was lodged by Suresh Chand Sharma P. W. 3 real brother of the deceased at 2. 15 a. m. THE distance of the Police Station from the place of occurrence was only one Km. A 'swang' (dramatic performance) was held in the fateful night in the Labour Colony, Hathras just in front of Labour Welfare Centre. A 'pandal' had been settled there with arrangement of Loudspeakers as also of electric light. THE drama related to 'kali Nagin alias Beqasoor Beti. Suresh Chand P. W. 3 and his deceased brother had taken their seats just to the south-east of the stage of 'pandal'. THE accused Sushil Kumar Jain and Rakesh Kumar Bisaria arrived there and stood just in front of two brothers, obstructing their view of dramatic performance. When Jai Shanker asked them to move aside, they started hurling abuses. Jai Shanker objected to it and exchange of hot words took place. Both the accused however, went away after issuing a threat to settle the score with Jai Shanker.

(3.) ON internal examination, pleura on the left side was found punctured. Left was punctured at three places. Pericardium was also punctured. Left ventricle of the heart was punctured through and through near apex.