CHINKARI TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) V. N. Singh, J. Criminal Appeal has been filed against the judgment and order dated 20-2-1981 passed by Sri G. Chandra the then IIIrd Addl. District & Sessions Judge, Gorakhpur, in S. T. No. 106 of 1980, Case crime No. 195 of 1979, P. S. Shaymdeorwa, District Gorakhpur, by which he held appellant guilty under Section 302 IPC and convicted and sentenced him to undergo to life imprisonment.

(2.) PROSECUTION case, in brief, is that Girja Shanker Naik lodged a report on 19-12-1979 at 2. 15 p. m. at Police Station Shaymdeorwa, (sub-District Mahrajganj), District Gorakhpur that on 19-12-79 at 1. 00 p. m. while, he alongwith his brother Amarnath was irrigating his field, Chenkai Tiwari appellant came there and prohibited him and also began to close the nali through which, water was flowing because he wanted to irrigate his field first. Heated altercation took place between them and when Amarnath requested him not to do so, Chenkai Tiwari began to abuse. Ramhit, Dushad, Nayak and Mithai came there on hearing the abuse. Due to annoyance, Chenkai Tiwari attacked on Amarnath by knife in the chest due to which he sustained injuries and fell down. While they were carrying injured Amarnath to the Partawal Bazar hospital, in the way he succembed to his injuries. The dead body of Amarnath was lying in the hospital of Partawal Bazar.

(3.) PROSECUTION examined PW 1 Ramhit (an eye-witness), PW 2 Mithai (an eye witness), PW 3 Dr. K. K. Mall, who conducted the post-mortem PW 4 Sri Ramanuj Shukla SICP Cadet PTC Moradabad, who was acting as Head Moharrir at the Police Station Shyamdeorwa, and who prepared the chick Ext. Ka 3 and made entry in the G. D. No. 19 at 2. 15 p. m. , copy of which is Ext. Ka 4 and sent special report through constable No. 314 Ram Kailash vide G. D. No. 21 at 21. 55 p. m. , copy of which is Ext. Ka 5. PW 5 S. I. Sri Tribeni Singh conducted part of investigation.