BHOPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant against the judgment and order dated 29.5.1982 of the IV Additional District and Sessions Judge, Kanpur in Sessions Trial No. 5 of 1982, holding the appellant guilty of offence under Section 307 IPC and sentencing him of three years' rigorous imprisonment.

(2.) Briefly stated, the case set up by the prosecution was that the appellant and the injured, both were residents of Village Mahera, Police Station Bhognipur, District Kanpur. On 3.11.1981 at about 8:30 A.M., Mohar Singh, the injured (P.W.-3) was standing infront of his house. Babu Ram, C.W.1 was also present at his door, whose house was situate only 8-10 paces from the house of Mohar Singh in the same lane. According to the prosecution, three accused persons, namely, Akbar Singh, Laxman Singh and Bhopal Singh came to the house of Mohar Singh. Akbar Singh and Laxman Singh caught hold of Mohar Singh, the injured and appellant pierced knife in the abdomen of Mohar Singh. This incident was witnessed by Babu Ram, C.W.I, Vidya Lal P.W.1, Rajesh and Chandrapal. Vidya Lal, P.W.1, the brother of the injured Mohar Singh alongwith other villagers took the injured to the hospital for medical treatment. Firstly, they took the injured to Police Station Bhognipur in a Tractor where Vidya Lal lodged a self written report at about 9:20A.M. Head Constable Kamal Prasad, P.W.4 prepared the check report and registered the case. Thereafter, Mohar Singh, the injured was sent to the State Dispensary, Pukhrayan where Dr. Ganga Krishna, P.W.2 examined Mohar Singh at 9:30 A.M. and he found following injuries:-

(3.) In the opinion of the Doctor, the injury was caused by sharp edged weapon and its duration was fresh. Injured was referred to district Hospital for X-ray and for other treatment.