HAPPU Vs. STATE OF U P

JUDGEMENT

(1.) MAITHLI Sharan, J. This criminal appeal arises out of the judgment of convic tion and sentence passed by VIII Addl. Ses sions Judge, Lucknow on 13-2-1985 in Ses sions Trial No. 152 of 1982, convicting the accused- appellant Happu for an offence under Section 304, Part I of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) THE prosecution case, in brief, runs thus : In the night at about 10. 30 p. m. on 10-10-1981 the deceased Ram Chandra who was rickshaw puller, was inside his house alongwith his wife Smt. Tara, who was clean ing utensils ; outer door of the house was closed. Meanwhile two persons, out of whom one was accused-appellant Happu and other was unknown came to the deceased's house and knocked at the door. THE deceased Ram Chandra opened the door and then the appellant Happu alongwith the unknown persons, who was later identified to be one Shakil, were seen the accused was having knife in his hand. THE accused-appellant Happu and Shakil threatened the deceased Ram Chandra, and abusing him they caught hold of him and 'dragged him to some place. THEre was hue and cry in the house and then Smt. Tara, the wife of the deceased Ram Chandra, raised alarm and cried for help. Accused-appellant Happu inflicted knife injury on the thigh region of Ram Chandra, as a result of which he fell down. THE appellant Happu and the other accused Shakil thereafter ran away, but they were identified by the witnesses who had by then reached over there. THE injured Ram Chandra was immediately taken to the Civil Hospital, Lucknow where he was examined by Dr. VP. Singh and he found two injuries on the person, the first injury was an incised wound 8 cm. x 1 cm. x bone deep on the front of the right thigh. THE dying declaration of injured Ram Chandra could not be recorded as he was not found fit to give such a declaration. Later in the night at about 1. 10 a. m. he died. Ram Chandra-deceased's wife Smt. Tara thereafter went to the Police-Station and lodged the first information report.

(3.) TH"e prosecution led evidence and examined nine witnesses to prove its case. THe appellant Happu in his examination under Section 313, Cr. P. C. stated that he had been falsely implicated in this case on account of enmity.