RAMESH GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 9.10.2003 (in S.T. No. 250 of 2001) by which the learned Additional Sessions Judge/Special Judge, Sultanpur convicted the appellant under Sec. 302 of I.P.C. and sentenced him to imprisonment for life, for committing murder of one Gopinath on 15.7.2001 at about 5.00 in the morning, within the limits of Qasba Nai Bazar, P.S. Dostpur, District Sultanpur.

(2.) According to the prosecution case, the appellant and the deceased Gopinath had a verbal duel, two or three days earlier to the occurrence of this murder and it was owning to the same that the appellant gave knife blows to Gopinath, on 15.7.2001 at 5.00 A.M., while the latter had gone to ease himself, near Sain-ki-Takkiya. It was claimed that the incident of this assault was also witnessed by Om Prakash Pandey (P W. 1) and Hari Ram (P.W. 2), son and nephew respectively of the deceased. Injured Gopinath was immediately taken to Dostpur Government Dispensary, where the doctor declared him dead. Om Prakash (P W. 1) lodged written FIR with P.S. Dostpur at 7.10 A.M. on the same date. S.I. R.K. Singh (P.W. 7) started investigating into the utter After preparing the inquest report Ext. 11 and other relevant papers at Dostpur Dispensary, he dispatched the dead body for post-mortem examination. ?fir. R.K. Singh (P.W. 3), who conducted post-mortem examination at 3.00 P.M. on the same date, found two ante-mortem stab wounds, one on thigh and the other on the back of the chest. On internal examination, the doctor found cut marks on 6th and 7th rib of the left side and on left lung. In the opinion of the doctor, the death was due to shock and haemorrhage, resulting from ante-mortem injuries. The Investigating Officer arrested the appellant on 17.1.2001 and claimed to have recovered knife used in committing the crime in question and blood smeared clothes of the appellant, which he was wearing at the time of giving knife blows to the deceased. After necessary investigation, the case came to the Court.

(3.) In support of its case, the prosecution examined Om Prakash Pandey as P.W. 1, Hari Ram as P.W. 2, Dr. R.K. Gupta as P.W. 3, Head Moharrir Baichoo lal as P.W. 4, Constable Mangla Prasad Yadav as P.W. 5, Akeel Ahmad as P.W. 6, R.K. Singh Yadav as P.W. 7, Head Constable Devi Prasad Singh as P.W. 8. The accused adduced no evidence in defence.