DINESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant, learned A. G. A. for the State of U. P. and perused the material available on record.

(2.) This criminal appeal has been preferred on behalf of accused-appellant Dinesh against the judgment and order dated 11.2.1986 passed by District & Sessions Judge, Bijnor in Sessions Trial No.282 of 1984 (State Vs. Dinesh) u/s 302 IPC in Case Crime No.212 of 1984, P. S. Kotwali Nagar, District-Bijnor whereby the accused-appellant Dinesh has been convicted u/s 302 IPC and sentenced to imprisonment for life.

(3.) The FIR of the incident was lodged with police on 1.5.1984 at 10.30 am with respect to incident occurred on 1.5.1984 at 9 am. From perusal of FIR it is revealed that deceased Vinay Kumar Sharma and Madan Pal Saini lived in the same locality and their houses were at a very short distance from each other. Vinay Kumar was employed with Madan Pal Saini at his Ice Cream factory. On the preceding day of incident while Vinay Kumar was working in the Ice Cream factory, accused Dinesh Kumar came to him and kneed on his buttocks. Reacting to the same, deceased Vinay Kumar slapped accused-appellant Dinesh Kumar. Feeling insulted, Dinesh extended threats to see him. On the next day at 9 am while Madan Pal Saini (PW 1) was going to his factory accompanied by deceased Vinay Kumar, as they reached in front of the house of one Khalil Ahmad, they met with Ravendra Kumar ( PW 2) and Raghunath Singh (PW 3) and they started interacting with each other. Deceased Vinay, who was accompanying Madan Pal Saini (PW 1), moved 7-8 paces ahead from them. In the meantime, accused Dinesh appeared from the mandir wali gali (temple lane) and stabbed Vinay on his abdomen, with a knife telling him that he had insulted him yesterday and went back to mandir lane. Vinay by putting hand on the wound chased the accused, the rest three persons also tried to chase the accused. Victim Vinay Kumar fell down in front of the house of Hukum Barhai and was taken to hospital on a rickshaw. After registration of the case, the investigation proceeded in accordance with law.