RAM KRIPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Santosh Kumar Srivastava, learned counsel for the appellant and Shri Mahendra Singh Yadav, learned A.G.A for the State and perused the record.

(2.) This appeal has been preferred by accused/ appellant Ram Kripal, who was tried by the VII Additional Sessions Judge, Gorakhpur in Sessions Trial No.248 of 1984, under Sec. 302 Penal Code at Police Station Maharajganj. The Additional Sessions Judge by his judgment and order dated 29th Jan., 1985 found the appellant guilty under Sec. 302 Penal Code and sentenced him to life imprisonment.

(3.) The brief facts of the case are that the complainant, Rama Shankar Tiwari son of Ram Sadhin Tiwari, resident of Village Juri Kuyian, P.S. Soharatgarh, District Basti, presently posted as Constable in the Excise Department, Maharajganj, District Gorakpur, lodged a written report Ex. Ka2 at Police Station Maharajganj, District Gorakhpur that on 13.02.1984, the complainant's son Shital Prasad Tiwari, who was student of Class 11th in Maharajganj Inter College, had gone to his college for study. As the first hour of his Class was vacant, he along with his companions Rudra Pratap Singh and Ravi Shankar Prasad Gupta had gone to Mau Pakar Crossing for taking tea. As soon as they reached in front of the Gate of G.S.B.S. College, the accused Ram Kripal Gupta son of Rajbali Gupta, resident of Village Mau Pakar, who was ex-student of Maharajganj Inter College, and who had some altercation with the deceased at Maharajganj Picture Hall, when 'Bandhan' movie was going on a week's before, stabbed Shital Prasad Tiwari in his chest in front of the Vipin Medical Store. His son fell down on the ground. This incident was witnessed by Rudra Pratap Singh, Ravi Shankar Prasad Gupta, Budhesh Mani Tripathi, Harinath Mani Tripathi (Constable Excise Department), Tirath Prasad. They all challenged the accused, but he could not be arrested and fled away towards Mau Pakar by showing his knife and by giving threat for the dire consequences. On hearing about the incident, the complainant went to the spot, and who took his son to the Hospital, where the doctor told that his son has died.