RAJU @ CHANDRA SHEKHAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is filed by convict Raju @ Chandra Shekhar son of Karvari Lal, R/o. Miyanpur, P.S. Divyapur, District Auraiya, against the judgment dated 24.04.2001 passed by District and Sessions Judge, Kannauj in S.T. No. 346 of 1999 State Vs. Raju @ Chandra Shekhar under Section 302 I.P.C, Case Crime No. 982 of 1999, P.S and District Kannauj through the Senior Superintendent, Central Jail, Fatehgarh. Vide impugned judgment dated 24.04.2001, applicant Raju @ Chandra Shekhar was convicted under Section 302 I.P.C and was sentenced with life imprisonment.

(2.) The facts giving rise to the appeal are that on 25.10.1999 at 7:30 A.M. The first informant Sri Shyam Babu presented a written complaint at P.S. Kotwali, Kannauj with the allegations that he alongwith other porters and contractor work at coldstorage of Mukhiyaji in Manimau. In the night of 24.10.1999 they had fallen asleep after taking the meal. He was sleeping alongwith Ram Prasad porter in varanda of coldstorage where the weighing scale was installed and contractor Asha Ram was sleeping alongwith Santosh and Sanju under the thatch out side the quarter of northern side. At about 3:00 O'clock in the night, hearing the noise he woke up and he saw that Raju @ Chandra Shekhar son of Karvari Lal porter came out of varanda of coldstorage picking up a heavy weight from among the other weights lying near the scale, then he awaken Ram Prasad and both of them sitting silently, saw that Raju @ Chandra Shekhar went towards the thatch of the northern quarter with iron weight and hit it on the head of contractor Asha Ram who was sleeping on the plank. We were astonished. By that time Santosh had challenged Raju. We both and other porters rushed, then Raju @ Chandra Shekhar ran away towards the road after hitting the weight on the head of Asha Ram two or three times. We saw the whole occurrence in the electric light, we could not chase Raju due to night and fear. When we reached near the plank, we saw Asha Ram, who was lying in the pool of blood, had expired. Raju @ Chandra Shekhar had left the blood stained weight near the plank. In the morning he sent the information to Sri Girish Chand Dubey, the owner of coldstorage.

(3.) On the basis of this written complaint of Sri Shyam Babu, F.I.R was lodged at P.S. Kannauj and the case was registered and entry was made in general diary accordingly. The matter was investigated by Investigating Officer Sri Anand Kumar Srivastava, inquest report was prepared blood stained earth and plain earth and 10 kilogram weight used as weapon of offence were taken into custody. The postmortem examination of dead body of Asha Ram was done in District Hospital Fatehgarh and the postmortem examination report was prepared by Dr. B.G. Tiwari.