DINESH KUMAR NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) -This is an appeal under Section 374 (2), Cr. P.C. against judgment and order dated 1.10.2004 passed by the Addl. Sessions Judge, Court No. 1, Kanpur Nagar, whereby he convicted the appellant and sentenced him to undergo life imprisonment and to a fine of Rs. 2,000 under Section 302 I.P.C. in Sessions Trial No. 320 of 2003, State v. Dinesh Kumar Nigam and also rigorous imprisonment for two years and a fine of Rs. 1,000 under Section 25, Arms Act in S.T. No. 321 of 2003, State v. Dinesh Kumar Nigam.

(2.) ACCORDING to prosecution, one Prem Narain Misra, Commercial Officer, Telephone Exchange, was posted at Krishna Nagar Branch of the Exchange. He was to handle and dispose of applications with regard to grant of licence for running a P.C.O. Dinesh Kumar Nigam had moved an application on 10.6.2002 for grant of licence but the licence had not been issued till the date of incident, i.e., 30.9.2002.

(3.) ON the basis of the written report, Head Constable Baluster Singh P.W. 3 registered case Crime No. 807 of 2002, under Section 302, I.P.C. against accused Dinesh Kumar Nigam. Prior to this, the same Head Constable had received a radio message on wireless control that an incident had taken place at Krishna Nagar Telephone Exchange, and a person had been fired at. He had recorded the said message at serial No. 44 in the G.D. at 13.45 hours, i.e., five minutes after the alleged incident.