DINESH KUMAR NIGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal under section 374(2) Cr.P.C. against judgment and order dated 1.10.2004 passed by the Addl. Sessions Judge, Court No. 1, Kanpur Nagar, whereby he convicted the appellant and sentenced him to undergo life imprison­ment and to a fine of Rs. 2000/- under sec­tion 302 I.P.C. in Sessions Trial No. 320 of 2003, State v. Dinesh Kumar Nigam, and also rigorous imprisonment for two years and a fine of Rs. 100/- under section 25, Arms Act in S.T. No. 321/2003, State v. Dinesh Kumar Nigam.

(2.) ACCORDING to prosecution, one Prem Narain Misra. Commercial Officer, Telephone Exchange, was posted at Krishna Nagar branch of the Exchange. He was to handle and dispose of applications with regard to grant of licence for running a P.C.O. Dinesh Kumar Nigam had moved an application on 10.6.2002 for grant of li­cence but the licence had not been issued till the date of incident, i.e. 30.9.2002.

(3.) SRI S.L. Gupta P.W.I was posted as Divisional Engineer, (Phones) in that branch and was present in his office at that time and on getting information about the incident and other details from the security guards and the supervisor Phul Chand Yadav, and having come to know that the culprit has been apprehended by the se­curity guards with arm and ammunition, on knowing his name and address, sent a written report to the police station Chakeri of Kanpur Nagar.