RAKESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are four appellants, namely, Rakesh, Ram Babu, Rajendra Kumar alias Rajjan and Basant who have preferred this appeal against judgment and order dated 6-6-1980 passed by Sri D. K. Trivedi, the then VII Additional Sessions Judge, Kanpur in Sessions Trial No. 64 of 1979. Each of them has been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced to life imprisonment. It was one Prem Kumar alias Chillu who was murdered in this incident which occurred on 24-11-1977 at about 7.15 P.M. in Ahata Sawai Singh situated in Pheelkhana, District Kanpur Nagar. The distance of the police station from the place of occurrence was only 4 Furlongs and the report had been lodged by Manoj Kumar Dixit P.W. 3 (nephew of the deceased), not an eye-witness.

(2.) The allegation was that the victim was caught hold of by the accused Ram Babu and Rakesh and he was stabbed by the other two accused Rajendra Kumar alias Rajjan and Basant on the stairs leading to the Chabutra of the house of one Triloki Babu situated in Ahata Sawai Singh. The incident was witnessed by Shyam Sunder P.W. 5 and Prem Shankar P.W. 6 and few others. On being informed by someone, Manoj Kumar Dixit P.W. 3 reached the place of the incident and found his uncle Prem Kumar alias Chillu lying in a pool of blood in an injured and unconscious condition. Manoj Kumar Dixit P.W. 3 took his uncle Prem Kumar alias Chillu to U.H.M. Hospital Kanpur where he was declared brought dead. He then lodged the F.I.R. at 9.30 P.M. the said night. The names of the accused or the witnesses were not mentioned in the F.I.R. and the same came to light during investigation which also revealed enmity between the accused and the deceased named above.

(3.) The post-mortem over the dead body of the deceased was conducted by Dr. B. D. Ravi P.W. 1 on 25-11-1977 at 3 P.M. The deceased was aged about 28 years and 3/4th (sic) had passed since he died. The following ante-mortem injuries were found on his person :