VIRENDRA KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal from Judgment and order dated 11th of March, 1981 passed by Sessions Judge Allahabad in Sessions Trial No. 285 of 1979, State v. Virendra Kumar Singh convicting the accused under Section 302, IPC and Section 25 of the Arms Act and sentencing him to imprisonment for life and six months's rigorous imprisonment respectively thereunder.

(2.) Brief facts giving rise to this appeal are that at about 12 : 15 noon on 18th of December 1978 HC Ram Saran Singh lodged an FIR at police station Daraganj District Allahabad alleging that in the forenoon of that very noon he was on patrol duty and at about 11.30 a.m. as he reached Matiyara crossing he saw Ratneshwar Prasad alias Raja going on a bicycle in front of the grocery shop of Gopal Das Jaisval on the road going through the Kidwai Nagar locality; that accused Virendra Kumar Singh who was also on his bicycle made the bicycle of Ratneshwar alias Raja stop telling him he used to misbehave with his sister and now he would kill him and immediately leaving his bicycle there he gave blows to him with 'Karauli' and that sustaining the fatal injuries Ratneshwar alias Raja crying for help fell down a few paces ahead and immediately Virendra fled away. HC Ram Saran Singh chased Virendra and caught hold of him by using necessary force in front of the house of one Shyam Ji Lal Srivastava with bloodstained 'Karauli'. He also mentioned in the FIR that the said incident was witnessed by Bhairo Din, Hira Lal Hari Om and several others. Immediately he got injured Ratneshwar Prasad alias Raja sent to SRN Hospital, Allahabad with constable Ramanuj Shukla who was on duty and reached the scene of occurrence. H. C. Ram Saran Singh also handed over accused Virendra Kumar Singh and the Karauli recovered from him and his bicycle to the police at the police station. The police registered a crime against the accused under Section 307, IPC and Section 4/25 of the Arms Act and also prepared the memo of the blood stained 'Karauli' and the bicycle handed over at the police station (Exts. Kal and Ka 2). He also made entry regarding the registration of the crime in the General Diary (Ext. Ka 3).

(3.) It appears that by the time constable Ramanuj Shukla taking the injured reached the Hospital Ratneshwar alias Raja succumbed to the fatal injuries sustained by him. On receiving information regarding the death of injured Raneshwar alias Raja at about 12.15 the same noon the police altered the crime under Section 302. IPC vide GD entry report No. 22 (Ext Ka 4). Station Officer J. B. Tewari who took up investigation of the crime in his hands went to SRN Hospital and drew inquest proceedings on the dead body of Ratneshwar and prepared the inquest report (Ext Ka 10) and other necessary papers (Exs. Ka 14 and Ka 15) and handed over the dead body in a sealed cover along with necessary papers to constable Ramanuj Shukla for being taken for Its postmortem. Then he visited the place of occurrence, inspected the site and prepared its site plan map (Ext Ka 16). He collected bloodstained and sample earth from the place of occurrence and picked up bicycle of the deceased lying there occurrence and prepared their memos (Exts Ka 11 and Ka 12). He also recorded statements of the witnesses and did other necessary things.