DEEN DAYAL @ MUNNA Vs. STATE

JUDGEMENT

(1.) Heard Sri Chandra Prakash, Sri Sanjay Kumar, learned counsel for appellant nos.1 & 2, Sri Sameer Jain, learned counsel for appellant no.3, Sri J. K. Upadhyay and Kumari Meena, learned AGAs for the State.

(2.) This criminal appeal has been filed by the appellants Dindayal alias Munna, Krishna Kumar and Chandra Prakash against the judgment and order dated 10.05.1988 passed by Special Judge/Additional Sessions Judge, Pilibhit in S.T. No. 144 of 1986 under Sec. 302/34 Penal Code connected with S.T.No. 145 of 1986 and S.T. No. 146 of 1986, both under Sec. 25 Arms Act by which all the appellants have been convicted and sentenced to life imprisonment under Sec. 302/34 IPC, while appellants Dindayal and Krishna Kumar have been further convicted and sentenced to six months rigorous imprisonment each under Sec. 25 Arms Act. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that one Radhey Shyam PW-1 (complainant) son of Lalaram, R/o Khakra P.S. Kotwali Pilibhit gave a written report Ext.Ka-1 at P.S. Kotwali Plibhit on 01.02.1986 at about 12.00 noon alleging therein that on 01.02.1986 at about 11.30 a.m. accused-appellants had encircled the deceased Jagdish in his locality with the intention to kill Jagdish but he escaped. On noticing them complainant Radhey Shyam's niece Meera daugter of Ram Bharose raised cries for help on which complainant Radhey Shyam, his brother Ram Bharose, Munna Lal and Chhotey Lal came out from their respective houses and saw Jagdish running on the road towards Ayurvedic college, chased by the accused armed with knives. The accused intercepted Jagdish at a place on the road between Ayurvedic college and Dhunawali Masjid and exhorted to kill him and then started stabbing him with knives. By the time the complainant and the others could reach the place of occurrence and save Jagdish, the accused had already escaped in the nearby lane after inflicting knife injuries on the neck, chest and the face of Jagdish. As a result of the injuries sustained by Jagdish hefell on the road Ajay Singh son of Parmatma Singh r/o Khakra Pilibhit and Rambabu had also arrived at the place of occurrence and witnessed the incident. His brother Jagdish was having a love affair with Ganga sister of accused Krishna Kumar- appellant no.2, accused Dindayal appellant no.1 and wife of Chandra Prakash appellant no.3, on account of which both the parties were sent to jail. Before the occurrence in question had taken place Jagdish had attempted suicide after Ganga was married to Chandra Prakash (A-3), and as a result a criminal case was registered against him. A few days before the incident Ganga had come to the parental home and due to the aforesaid reason Jagdish had been assaulted. On the basis of the written report Ext.Ka-1, case crime no. 36 of 1986 was registered against all the three accused Dindayal, Krishna Kumar and Chandra Prakash under Sec. 307 IPC. The check report Ext.Ka-13 and the relevant G.D.entry vide Rapat no. 14 12 noon dated 01.02.1986 Ex.Ka-14 were prepared by PW-9 Ravindra Singh. After the registration of the FIR. S.I.- A.K.Dixit, S.I.-S.C.Srivastava and S.I.-Baburam Saroj PW-5 left the police station on motorcycles in search of the accused. The investigation of the case was entrusted to PW-8 S.I.-Udaiveer Singh. Accused Dindayal and Krishna Kumar were arrested on the same day by S.I. A.K.Dixit, S.I.-S.C.Srivastava and S.I. Baburam Saroj from a place about 60 paces from the mazaar of Mohd. Shah at Naktedane crossing while they were going somewhere on a bicycle, in the presence of Jai Singh and Chhotey Lal PW-6. On being apprehended one of the accused disclosed his name as Krishna Kumar while the other told that his name as Dindayal. Both the accused were arrested on the spot. The search of Krishna Kumar lead to recovery of one knife with blood stains while the search of the other accused Dindayal resulted in recovery of one blood stained knife (Churi). The shirt which was worn by Dindayal at the time of his arrest had blood stains on its sleeves and the back. All the aforesaid articles were seized and sealed on the spot and recovery memo Ext.Ka-3 was prepared. The seized articles and the accused were taken to P.S. Kotwali.