NARESH @ RAM NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shishir Pradhan learned counsel for the appellant, learned A.G.A. for the State of U.P.

(2.) This criminal appeal has been filed by the appellant Naresh @ Ram Naresh against the judgement and order dated 16.10.2003 passed by the learned Special Judge,( E.C.Act) Unnao in S.T. No. 280 of 2001 whereby the appellant has been convicted under section 302 I.P.C. and sentenced for life imprisonment.

(3.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Sri Kamlesh Kumar, P.W. 1 on 18.5.2001 at 6.15 a.m. in respect of the incident occurred on 17.5.2001 at about 8.30 p.m. at P.S. Maurawan district Unnao in case crime no. 113 of 2001. The appellant Ram Naresh and Sukh Lal are named in the F.I.R. as accused, the alleged occurrence has occurred at the door of the first informant in village Shayampur, the distance of the police station was 8 km from the alleged place of occurrence. It is alleged in the F.I.R. that on 17.5.2001 the appellant and his father Sukh Lal were hurling abuses to the family of the first informant at about 7-8 p.m. but the dispute was ended, after half an hour of the above mentioned dispute i.e. at about 8.30 p.m. the appellant and the accused Sukh Lal again quarrelled at the door of the first informant, the deceased Santideen was caught hold by Sukh Lal and the appellant Ram Naresh used knife blows on his person. The first informant and others started shouting, on that shouting Smt. Raghurai( P.W.2) mother of the first informant and Om Raj, brother -in -law of the first informant came there who witnessed the incident. The deceased in a serious condition was taken to Devmai to provide medical aid from where his case was referred to the government hospital. The deceased in an injured condition was taken to Sagoli in a bullock cart, the deceased succumbed to his injuries on the way to Sagoli, thereafter, leaving the dead body, in front of the flour mills of village Chheetu Kheda, the first informant went to the police station to lodge the F.I.R. It has been clearly mentioned in the F.I.R. that the appellant Ram Naresh is the real cousin of the first informant. The accused persons left the place of incident by saying that in Terhawain of Baba Jagdhari, less money and below standard oil was provided, on this annoyance the deceased has been killed. After lodging the F.I.R. inquest report was prepared on 18.5.2001 from 7.00 a.m. to 8.50 a.m.,Thereafter, his dead body alongwith the relevant papers was sent to the mortuary. The post mortem examination was done on the dead body of the deceased on 18.5.2001 at 2.30p.m. According to the post mortem examination report the deceased was aged about 60 years,the duration of death was about to one day old. The deceased sustained two ante mortem injuries in which injury no. 1 was incised wound, 1,1/2 cm x cm x chest cavity deep on the left side of the chest, 7 cm from the left nipple at 3 O'clock position. Injury no. 2 was incised wound 2 cm x cm x abdominal cavity deep on the left side of abdomen 7 cm from the umbilicus at 2 O'clock position.