SIDDHA Vs. STATE OF U P

JUDGEMENT

(1.) M. Chaudhary, J. This is an appeal from judgment and order dated 19-7-1984 passed by Vth Additional Sessions Judge, Hamirpur in Sessions Trial No. 343 of 1980, State v. Siddha, convicting the accused under Section 302 IPC and sentencing him to imprisonment for life thereunder.

(2.) BRIEF facts giving rise to this appeal are that at about 5 : 15 p. m. on 9th of September, 1980 Shiv Vishal Dwivedi lodged an FIR at police station Rath District Hamirpur alleging that very evening he alongwith his maternal grand-father Shambhu Nath Shukla was going back from the market; that on the way at about 4. 30 p. m. he had a little talk with Madho Prasad and Veer Pratap at the betel shop situate near the dharamshala and then proceeded towards their house; that they had stepped forward about 25-30 paces and he was going 4-5 paces ahead from Shambhu Nath Shukla when he heard sound of a shot and that immediately he turned back and saw Siddha running away holding countrymade pistol towards the petrol pump and Shambhu Nath Shukla falling by his face down on the road side and fresh blood oozing from the injury on his back. Immediately Shiv Vishal Dwivedi with the help of Madho Prasad and Veer Pratap took injured Shambhu Nath Shukla on a push cart to the Hospital but as they reached at the gate of the Hospital Shambhu Nath Shukla succumbed to the fatal injuries sustained by him. Then Shiv Vishal Dwivedi alongwith Madho Prasad and Veer Pratap taking Shambhu Nath Shukla the deceased on the push cart went to the police station and handed over written report of the occurrence to the police there (Ext. Ka-1 ). He also mentioned in the written report handed over at the police station that there was long standing enmity between Shambhu Nath Shukla on one hand and Dhani Ram Dwivedi, father of Siddha on the other as there had been murders of their relations on both the sides. The police registered a crime against the accused under Section 302 IPC and made entry in the general diary regarding registration of the crime accordingly (Ext. Ka-2 and Ka-3 ).

(3.) AFTER completing the investigation the police submitted charge-sheet against the accused.