SHYAMU @ SHYAM SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Prashant Kumar, learned counsel for the appellant and Sri Rajeev Gupta, learned AGA for the State and perused the record.

(2.) This criminal appeal arises out of a judgment and order of the Sessions Judge, Hamirpur dated 4.9.1982 passed in S.T. No. 104 of 1982 whereby the appellant has been convicted and sentenced to undergo imprisonment for life under section 302 I.P.C.

(3.) The prosecution case, in brief, is that an FIR was lodged by Kesariya on 25.5.1981 at about 6.15 am in the morning at P.S. Korara, District Hamirpur with regard to an incident which took place at 5.00 am in the morning on the same day. In the FIR, it has been stated that when the deceased Kesariya along with his wife Savitri and uncle Bhaiya Lal were going from their house to the place of work and as soon as they reached near the Well of Neelkanth, the accused-appellant Shyam, who was carrying a knife, accosted the deceased Kesariya and uncle Bhaiya Lal as to why he (deceased) has not come to the house of the accused-appellant for doing work and threatened that since you had not come to my house and saying so had assaulted the deceased on the back by the knife as a result of which two injuries were received by the deceased Kesariya and that on shouting of deceased Kesariya his wife and uncle Bhaiya Lal, the accused-appellant ran away from the spot. The FIR was lodged by the deceased himself being the first informant. The police on the basis of this report registered a case under section 304 IPC against the accused-appellant and as the condition of the deceased Kesariya was deteriorating, he had been taken to the primary health centre, Korara where first aid was given to him. Thereafter, he was advised to be taken to the District Hospital, Hamirpur where the deceased died the same day at about 10.00 am. Thus, later on the case was converted into Section 302 IPC and the case was investigated by Sub Inspector Narain Das Dwivedi, P.S. Korara, who after investigation has submitted the chargesheet against the accused appellant. The court below has framed charges against the accused-appellant under Section 302 IPC, to which the accused-appellant has pleaded not guilty.