YOGESH KUMAR SATENDRA VERMA Vs. STATE

JUDGEMENT

(1.) Appellant Yogesh Kumar has questioned the correctness of his conviction Under Section 302 IPC and sentence of life imprisonment imposed by Additional Sessions Judge, Budaun vide his impugned judgment and order dated 1.2.1982 recorded in S.T. No. 396 of 1979 State Versus Yogesh Kumar relating to P.S. Kotwali, district Budaun through this appeal.

(2.) The background facts of the case are that Mohd. Siddiq informant was a driver of Bus No. UPO 1590 on which his cousin brother Raees Ahmad (deceased) was the conductor. The aforesaid bus belonged to one Ashok Kumar of Ujhani. Pappu was the brother of Ashok Kumar. There was a triadic altercation between Ashok Kumar and Pappu with the appellant Yogesh Kumar in the Kawwalli of Habib Painter in Ujhani. On 21.6.1979 the informant with deceased returned with their bus to Budaun from Babrala at 6.40 p.m. where they met the owner Ashok Kumar. The driver and conductor finished the accounting of the money with the owner and thereafter they took the dinner in Kishan's hotel along with Lajpat Rai. After the dinner they came out of the hotel at 10.20p.m. when the appellant motivated by the earlier altercation in Kawwalli started abusing them. On the hurled abuses the prosecution party accosted him on which the appellant got infuriated. Raees, the deceased, tried to pacify him but the appellant stabbed him with knife in his neck uttering that he used to take side with Ashok the owner of the bus. Raees fell down after sustaining the injuries and the appellant took to his heels. He was chased and was apprehended in front of the Congress Office. In that melee of arrest the shirt of the appellant torned off and the knife also got broken. Injured Raees was rushed to Lajpat Hospital. The appellant was brought to the police station by informant, constable Tej Pal and many others and there the informant lodged the FIR scribed through Waseem Khan as Crime No. 455 of 1979 and 456 of 1979 Under Section 307 IPC and Section 25 of the Arms Act respectively at 10.50p.m. The knife was recovered and it's seizure memo is Ext. Ka 4. Head Constable Jandail Singh prepared the chik FIR Ext. Ka 7 and GD entry Ext. Ka 14. Injured lost his life in the hospital after some time and inquest on his body was performed by SI Prem Singh proved as Ext. Ka 8 and other relevant papers as Ext. Ka 9 and ka 10. Sub Inspector Nem Singh P.W. 7 started the investigation, conducted spot inspection and prepared site plan Ext. Ka 12. He collected the blood stained and plain earth from the place of incident Ex. Ka 13.Subsequent investigation was conducted by S.I. Vishwanath Dwivedi P.W. 6 who recorded the statement of witnesses and made the seizure memo regarding token of the bus Ext. Ka 5 and concluding the investigation submitted charge sheet on 10.8.1979.

(3.) Post mortem examination on the dead body of Raees Ahmad was conducted on 22.6.1979 at 9. 35 a.m. Rigor mortis was present on his both extremities and post mortem staining was also present on back and posterior aspect neck and buttock and following ante mortem injury was found on the corpse: