KISHORI LAL Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is a criminal appeal against the judgment and order dated 17-12-1979 passed by the then learned Sessions Judge, Banda in Session Trial No. 207 of 1979 convicting the appellants Vinod and Kishori Lal under Section 302, I. P. C. simpliciter and Section 302 read with Section 34, I. P. C. and sentencing them to imprisonment for life respectively thereunder.

(2.) THE prosecution case briefly stated is that the informant Chandra Bhan Singh PW 2 is a resident of village Khandeha within the circle of Police Station Mau, District Banda. His real cousin Ramesh Chandra Singh deceased was a lawyer in Karwi. He along with other members of his family was living in Mohaila Nai Bazar, Karwi. THEre was a long standing enmity bet ween Chandra Bhan Singh PW 2 and the other members of his family on the one side and the accused Kishori Lal of his village on the other. THE regional youth rally was going on at Chitrakoot Inter College, Karwi. THE deceased Ramesh Chandra Singh had gone to witness that rally. Chindra Bhan Singh PW 2 along with Ram Singh, PW 5 and Natthu ha d also come from Khandeha to see that rally. THEy met Ramesh Chandra Singh deceased at the rally. THE sports were over at about 5. 45 or 6. 00 p. m. on the sugges tion of the deceased Ramesh Chandra Singh, Chandra Bhan Singh and his two companions agreed to stay at the house of Ramesh Chandra Singh in the night. All of them therefore, started for the house of Ramesh Chandra Singh located in Mohaila Nai Bazar, Karwi, when they reached near the level crossing, the saw four accused standing near the railway gate. THE accused Kishori Lal was armed with a rifle as soon as Ramesh Chandra Singh deceased and his three companions reached the other side of the gate. THE accused Vinod at the instigation of Kishori Lal threw a bomb on the back of the deceased. Consequently Ramesh Chandra Singh fell down. When his three companions challenged, Raj Bahadur and Vindeshwari fired from their country-made pistols held by them, but none was injured. All the accused then fled away towards the western side. Ramesh Chandra Singh had become unconscious. He had received injuries on his back. He was bleeding from his nose. He was taken in a Rickshaw to the Police Station Karwi, Chandra Bhan Singh wrote a report and submitted it there, Ramesh Chandra Singh was then sent to Karwi hospital, where his injuries were medically examined. Hid condition was precarious and therefore, the Medical Officer advised that he should be shifted to Allahabad for better treatment. An Ambulance Car was arranged. While being taken in the Ambulance Car was Chandra Singh died after covering a distance of 3-4 furlongs. THE dead body of Ramesh Chandra Singh was taken back to the police station in the same Ambulance Car. Girish Chandra Dubey, the then Head Clerk of P. S. Karwi recieved the First Information Report (Ex. Ka-1) on 10-12-1978 at 7. 05 p. m. THE occurrence had taken place on the level crossing. That place law within me jurisdiction of G. R. P. Manikpur. A wireless message was sent to P. S. Manikpur for conveying the information to the Station Officer, G. R. P. Manik pur about the incident. Consequently, the First Information Report and the other relevant papers were sent to the G. R. P. , Manikpur, Sri Asha Ram Tripathi. PW 10 was the then Station Officer of P. S. Karwi. He held an inquest on the dead body of the deceased and prepared the inquest report (Ex. Ka-33 ). He wrapped and sealed the dead body of the deceased in a sheet of cloth and sent it to the Karwi mortuary for post-mortem examination, Sri Chandra Bhan Singh Chauhan, the then Station Officer of G. R. P. , Manik pur investigated into the case. He went to the Karwi mortuary, where he met the informant Cahandra Bhan Singh. He took down the statements of Chandra Bhan Singh and certain others. He then visited the place of occur rence along with Chandra Bhan Singh. Having reached there, he inspected it and prepared its site-plan (Ex. Ka-5 ).

(3.) THE prosecution examined Ayodhya Prasad PW 1, Chandra Bhan Singh PW 2, Babu Ram Mishra PW 3, Sheo Muni Singh PW 4, Ram Singh PW 5, Chandra Bhan Singh Chauhan PW 6, Dr. R. N. Gupta PW 7, Girish Chandra PW 8 Satya Prakash Purwar PW 9 and Asha Ram Tripathi PW 10 and relied upon certain documents in support of its case.