GURDAYAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against judgment dated 29/7/1978 by Sri T. P. Gupta, learned V Additional Sessions Judge, Kanpur who convicting appellant under Section 307 read with Section 34 of Indian Penal Code sentence him to seven years rigorous imprisonment.

(2.) The incident was alleged to have taken place on 8th November, 1974 at about 8. 15 P.M. at the gate of bunglow No. 2-A Laxman Bagh Colony, Kanpur when appellant along with two associates in furtherance of their common intention, stabbed Sri Rajat Kumar, I.A.S. Joint Director of Industries, Kanpur (P.W.6).

(3.) Prosecution story briefly stated is that an anonymous letter (Ext.1) was received by Sri P. C. Bhatnagar (P.W. 4), Controller of Exports and Imports U. P., Kanpur against M/s Ung Soe Hoe Co. Kanpur and ten others alleging the said firms to be bogus who had obtained licences from the office of Exports and Imports through Sri Narain Singh Yadav along with his covering letter Ext. Ka5 dated 1st May, 1974. He sent it for enquiry to Sri Rajat Kumar (P.W. 6). This enquiry was conducted by Sri Rajat Kumar, Sri B.K. Mehrotra, Joint Director of Industries, Industrial Estate and Sri S. K. Sharma, Assistant Engineer who submitted report Ext. Ka.6 on 12th October 1974. During the course of enquiry, the committee found that such firms were bogus; Narain Singh Yadav, coaccused of appellant and Gur Dayal Singh appellant, were related to these firms. It was recommended vide Ext. Ka-4, that registration of these eleven firms be cancelled and the facility of supply of raw material and other facilities to them be stopped and penal action should be taken against them. On submission of this report, Director of Industries procured orders from the Government and asked Sri Rajat Kumar to take further action in the matter. Sri Rajat Kumar passed an order Ext. Ka.8, on 29th October 1974 for de-registration of these units and for taking further action. The Deputy Chief Controller of Imports and Exports was informed by Sri Rajat Kumar in this connection vide letter dated 31/10/1974, Ext. Ka-9.