RAJA KANJAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Manish Bajpai, learned Amicus Curiae for the appellant and Mr. Umesh Verma, learned AGA for the State were heard.

(2.) Under challenge in the instant Criminal Appeal is the judgment and order dated 29.10.2005 passed by Additional Sessions Judge, Court No. 10, Lucknow, in Sessions Trial No. 4 of 2004, arising out of Case Crime No. 327 of 2003, Police Station Husainganj, District Lucknow, whereby appellant Raja Kanjad was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life.

(3.) In brief, the case of the prosecution was that in the intervening night of 1/2.11.2003 at about 03.45 AM the complainant Ramasarey lodged a first information report at Police Station Husainganj, Lucknow, alleging therein that in the intervening night of 1/2.11.2003 his son Kanhaiya Lal alias Palu and appellant Raja son of Man Singh were sleeping outside Alankar Talkies. There was some enmity between them. Some altercation took place between them. At about 03.00 AM hearing the noise the complainant, Raj Kumar and Didanu also reached there. At that moment, appellant Raja gave blow of knife on the chest of the deceased and ran away from there. These persons made an effort to catch hold of the appellant but he could not be apprehended. The incident was seen in the light of the electric bulb. The age of the son of the complainant was about 35 years and because of the injury, he died on the spot. On the basis of this first information report, the case was registered and investigation proceeded. Inquest proceedings were conducted and after completing the same, the dead body was sent for postmortem, which was conducted on 02.11.2003 at 03.00 PM and the duration was reported by the doctor about half day old. The following ante -mortem injury was reported by the doctor in the post -mortem report: - -