AKSHAY KUMAR GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) The sole appellant, Akshay Kumar Gaur, in this appeal stood convicted under Sec. 302 Penal Code and was sentenced to life Imprisonment in S.T. No. 117 of 1977 by the III Additional District and Sessions Judge, on 8.1.1977. He has challenged this order of conviction and sentence and was granted hail after the admission of. the appeal in 1977. Conflicting reports came about his death. If he is dead, the appeal would abate, if not, the appeal would proceed. At the time of hearing of the appeal, Sri A.D. Giri, submitted that in absence of any instructions from his client who, according to him, was reported dead, it would be improper for him to advance arguments on behalf of the appellant. As there was conflicting reports about the death of the appellant, as already stated, it was thought proper by us to engage an amicus curie to prosecute the appeal and Sri Shyamal Narain, advocate, was appointed amicus curie. We must keep on record that Sri Shyamal Narain very ably assisted the court and we must also keep on record that Sri A.D. Giri, having known the facts of the case thoroughly also rendered valuable help during arguments on points of act and law.

(2.) The appellant stood charged under Sec. 302 Penal Code for having "ommitted murder of Vikram Singh alias Tiger by gun shots on 17.12.1976 at about 12 noon within the Sanskrit Mahavidyalaya premises in Krishna Nagar Colony Jwalapur, district Saharanpur. The appellant had pleaded not guilty to the charge.

(3.) The case was initiated on a report made by Sri R.S. Sharma, S.I. of Police of Police Station Haridwar. It is stated that he and his associate police personnel were on a round and when they were crossing the Ganga Canal on that day, they heard a sound of firing from the side of Krishna Nagar Colony at about 12 noon. Immediately, they rushed to Krishna Nagar colony and reached the Sanskrit Mahavidyalaya and found many people standing there. On his questions, Raj-pal Singh and Dharamveer Singh and others told him that Alcshay Kumar Gaur and another unknown person fired shots at Vikram Tiger and killed him. A motive was also attributed. It was stated that Vikram and others had done to death the brother of Akshay about 3 to-4 years back and enmity was persisting. The two culprits, after the killing, went away on a motor-cycle. The S.I. of Police found the dead body of Vikram on the door steps of the gate of the Sanskrit Mahavidyalaya. He deputed constables to take care of the dead body and left to the police station for lodging a formal report and to initiate an investigation.