ANIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 27.1.1982 passed by II Addl. Sessions Judge, Aligarh in Session Trial No. 514 of 1980 whereby the appellants Anil Kumar and Om Prakash alias Pappu have been convicted under Sections 302 and 302/34 I.P.C. respectively and sentenced to under go rigorous imprisonment for life.

(2.) The brief facts of the case, as mentioned in the report lodged by Shanti Swaroop son of Bhagwan Das, are that his nephew Umesh Kumar had gone to worship in Hanuman temple situated at Achal Talab in the evening of 17.6.1980. Anil Kumar and Om Prakash alias Pappu who are of bad character persons were standing at the temple and teasing the ladies and girls. Umesh Kumar asked them not to do so and some altercation had taken place. Ganga Saran had intervened in the matter. They had threatened Umesh Kumar and had left the place. It is further stated that on 19.6.1980 at about 9.00 A.M. he and Umesh Kumar had gone to worship at Achal Talab temple and when after Darshan they were coming out both these accused appellants surrounded them. Umesh Kumar and Om Prakash alias Pappu caught hold of him and Anil Kumar started giving knife blows. On hearing the alarm raised by him and Umesh, Pradeep Kumar Saxena and Anil Kumar resident of Manik Chauks, Satya Prakash and other persons reached there. The accused ran away towards Paliwal College leaving Umesh Kumar in injured condition. Vishnu and Govind took Umesh Kumar to Malkhan Singh Hospital. There are injuries on his back, leg and stomach. His condition was serious. The report was lodged by him on 19.6.1980 at 10.05 A.M. under Section 307 I.P.C.

(3.) After the registration of the F.I.R. S.I. Rakesh Pratap Singh started investigation. He recorded the statement of witnesses, prepared the site plan (Ext. Ka-4) and took in his possession the blood stained and plain mud from the spot and prepared its recovery memo (Ext. Ka-5). He prepared the inquest report (Ext.Ka-6) and also took in his possession the blood stained cloths of the decease Umesh Kumar (Ext. Ka-7). After the death of the deceased case was converted under Section 302/34 I.P.C. at 12.30 (Ext.Ka-10).