NATHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) NATHU Singh, convict-appellant, has preferred this appeal against the judgment and order of Sri O.P.Saxena, the then Sessions Judge, Mainpuri dated 26-8-1977 in Sessions Trial No. 235 of 1977-State v. NATHU Singh, convicting and sentencing him under Section 302 IPC to life imprisonment. The prosecution case in brief is that Om Prakash Sharma was running a business of cutting bangles in Firozabad. Naturally a few labourers were engaged with him. One of them was Hari Lal. It is further alleged that NATHU Singh, appellant, had lent some money to Hari Lal. It was not being repaid. In that connection on 6-7-1976 at about 6 a. m. the appellant went to the house of the deceased and complained to him that his labourers had taken money from him but were not repaying the same. He, therefore, desired the deceased to realise the money and pay the same to him. Naturally the deceased told the appellant that if money was due to him from any of his labourers, then he should recover the same from them himself. The appellant, however, threatened the deceased that he should recover the money from the said labourers for him otherwise his business would be closed. There was an altercation and an exchange of hot words and abuses on this issue.

(2.) THE same night the deceased Om Prakash Sharma lay on a cot on a Chabutara in front of door of his house. An electric bulb was on. THEre was sufficient light around the place. At about 11 in the night, the appellant came there and stabbed the deceased in his abdomen. THE deceased raised alarm which attracted his brother Narendra Kumar, PW 1 and Aran Kumar, PW 7. Immediately on the arrival of these two persons, the deceased told them that Nathu Singh, appellant, had run away after stabbing him with a knife in his abdomen.

(3.) THE same day, i.e. 7-7-1976 between 10.15 and 10.20 a.m. Sri Bhagwati Prasad Sharma, Naib Tehsildar/Magistrate, Firozabad recorded the dying declaration of Om Prakash Sharma, injured. THE said dying declaration is Ext. Ka-5. It bears the certificate of Dr. S. N.Dutta PW 5, Medical Officer-in-Charge, S. N. M. Hospital, Firozabad regarding the mental fitness of the injured for giving his statement (dying declaration). THE same day i. e.7-7-1976 Narendra Kumar, PW 1 got written report of the incident scribed from Arun Kumar, PW 7 and sent the same through chowkidar, Nasiruddin to police station Khairgarh, 4 miles away, where it was received and on the basis thereof an FIR (chik report) was prepared at 6.15 p. m.