PADAMKUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 8/10/2002 passed by the Sessions Judge, Meerut in S.T. No. 540 of 2001 whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) The report of the occurrence was lodged by Shravan Kumar at police station Kharkhauda on 16/1/2001 at 6.30 a. m. According to the allegations of the report the informant is a Contractor of labourers in Jubaida Cold Storage. On 15/11/2001 at about 7 p.m. an altercation took place between Nandu and Padam Kumar and he had intervened in the dispute. It is further alleged that in the night at about 2 a.m. Padam Kumar committed the murder of Nandu who was also labourer in the Cold Storage by an axe. The, occurrence was witnessed by the informant, Farooq and Abbas, who were also working in the Jubaida Cold Storage as labourer. They arrested Padam Kumar on the spot and detained there. The dead body was lying on the spot. A report was registered at the police station Kharkhauda under Section 302 I.P.C. After the registration of the case S.I. Man Singh Dagar commenced investigation. The case was entered in G.D. No. 8 at 6.30 a.m. He recorded the statement of the informant, constable Manveer Singh, scribe of the report and reached at the place of occurrence and on his direction S.I. Pradeep Kumar prepared the inquest memo, inspected the place of occurrence and recovered Kulhari and prepared its recovery memo. He also collected plain and blood stained earth and also blood stained rope of cot. He also recorded the statement of Abbas, eyewitness and Padam Kumar was also arrested. On 19/1/2001 he recorded the statement of Pradeep Kumar, inquest witness. On 22/6/2001 he submitted charge-sheet against the accused person. The site plan is Ext. Ka-12 and charge-sheet is Ext. Ka-3. The chik F.I.R. is Ext. Ka-14 and G.D. entry is Ext. Ka-15. The recovery memo of Kulhari, blood stained earth is Ext. Ka-16.

(3.) Dr.P.K. Bansal had conducted the postmortem examination of the deceased and noted following ante mortem injuries: 1. Incised wound 5 cm. x I cm. x bone deep on back of right side of head 3 cm. posterior to right ear. 2. Five incised wounds on right side of lower part of face and laterior part of right side of neck. Bone cut and muscle deep ranging of size 7 cm. x 2 cm. and 4 cm. x 1.5 cm. and muscle deep, right mandible and third circular vertebra broken. All injuries were 16 cm. x 12 cm. in area. Underneath vessels were cut.