SIDDHA Vs. STATE OF U P

JUDGEMENT

(1.) THE sole accused appellant Siddha has preferred this appeal against the judgment and order dated 19 -7 -1984 passed by V Additional Sessions Judge, Hamirpur in Sessions Trial No. 343 of 1980 whereby he has been convicted under Section 302 I.P.C. and sentenced to life imprisonment.

(2.) THE appeal was earlier decided by this Court on 29 -8 -2003 on merits and was dismissed. At that time, none had appeared on behalf of the accused appellant though he was represented on record by Sri Sanjiv Ratan and Sri Amar Saran, Advocates. This Court heard the learned A.G.A. for the State while dealing with the relevant aspects. As we said, the appeal was decided on merits and dismissed. The appellant filed S.L.P. before the Supreme Court. By order dated 27 -2 -2004, the Supreme Court has set aside the judgment of this Court and has remitted the appeal for fresh decision in accordance with law after affording opportunity of hearing to the Counsel for the appellant. It is in this way that the appeal has come up for hearing again before us.

(3.) WE first give resume of the factual matrix of the case. The incident occurred on 9 -9 -1980 at about 4.30 p.m. in village Rath, P.S. Rath, District Hamirpur and the F.I.R. was lodged the same day at 5.15 p.m. by an eyewitness Shiv Vishal Dwivedi PW 1 (whose maternal grandfather the deceased Shambhu Nath Shukla was). He alongwith his maternal grandfather Shambhu Nath Shukla was returning from the market. In the way at about 4.30 p.m. he had a little talk with Madho Prasad and Veer Pratap PW 2 at the betel shop near Dharamshala and then proceeded towards the house. He had stepped few paces ahead of the deceased. He heard a sound of a shot and when he immediately turned back, he saw the accused running away holding country made pistol towards the petrol pump and Shambhu Nath Shukla falling by his face down on the road side. Fresh blood was oozing out from the injury on his back. He immediately, with the help of Madho Prasad and Veer Pratap PW 2, took the injured Shambhu Nath Shukla on a push cart to the hospital but he died by the time they reached the gate of hospital. Then he, with Madho Prasad and Veer Pratap, carrying Shambhu Nath Shukla on the push cart went to the police station and handed over written report of the incident which he had scribed at the gate of the hospital. A case was registered and investigation entered into by S.I. Kripal Kureel PW 4. He drew the inquest proceedings of the dead -body of the deceased in front of the police station itself. The dead -body after being sealed was handed over with necessary papers to the constables for post -mortem. He then reached the spot and inspected the place of occurrence, preparing the site plan. The blood stained and simple earth were also collected by him. The statements of the witnesses were recorded.