BEHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this appeal the appellant Behari challenges the judgment and order dated 7-10-1998 passed by the Sessions Judge, Sitapur, in Sessions Trial No. 26 of 1988, convicting and sentencing him to undergo imprisonment for life for the offence punishable under Section 302, Indian Penal Code. Shortly stated the prosecution case runs as under : The informant Laxman Prasad PW 1 is the father the deceased Hanesh Kumar. At the time of the incident the informant, the deceased and Ali Mohammad PW 2 living in village Bisenda within the limits of police station Manpur district Sitapur. At the said time the appellant, who was also originally a resident of village Bisenda, was living in village Majhigawan, hamlet of Rikhauna, police station Talgaon, district Sitapur.

(2.) There was enmity between the appellant on one hand and the informant Laxman Prasad and the deceased on the other. On 2-1-1987 the informant had purchased some land for Rs. 4,500.00 from Banshi alias Masali, the real brother of the appellant. Since the appellant was ploughing the said land, he was irked by Banshi selling it to the informant. Consequently, on the date of the incident, i.e. on 10-10-1987, relations between the informant and his son Hanesh on one side and appellant on the other were sour. On 10-10-1987, sometimes in the morning, deceased Hanesh Kumar went to school on a cycle along with a bag. He was putting on a shirt, paijama and slippers. The informant Laxman Prasad on the said date had gone to Ulra market. In the said market, Hanesh Kumar met him. The informant told him to proceed and said that he would be coming after making some purchases. Consequently, Hanesh Kumar proceeded for his village. Thereafter, the informant, Ali Mohammad PW 2, Shri Ram and Banwari also preceded towards their village. At about 5.30 p.m., when they reached the culvert on the canal situated near Village Ulra, they heard cries. Thereupon, they ran and saw that appellant Behari was assaulting Hanesh Kumar with a knife. Seeing the informant and others the appellant ran away in the northern direction with the knife. The informant and others chased him but could not apprehend him. Thereafter, they returned and saw that Hanesh Kumar was lying dead, his cycle, bag, books and slippers were lying there. Thereafter, the informant dictated the F.I.R. to one Chandrabhal, who had also reached there, who after scribing it read it over to him. Then the informant affixed his signatures on it and leaving the corpse of Hanesh Kumar in the care of villagers proceeded to the police station Manpur, where he lodged his F.I.R.

(3.) The evidence of Head Constable Harish Chandra Shukla, PW 4 shows that on 10-10-1987 at 8.30 p.m. while he was posted as Head Constable at police station Manpur, the informant Laxman Prasad came with a written F. I. R. (Ka-1) which he filed at the police station and on its basis he registered a case vide (Ka-17). His evidence shows that at the said time the Station Officer-in-charge Arun Kumar Gautam, PW 3 was also present at the police station and took over the investigation of the case.