OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal has been filed by the sole appellant Om Prakash against the judgment and order dated 22.12.1987 passed by Additional Sessions Judge/Special Judge (E.C. Act), Jhansi in Sessions Trial no. 119 of 1987 (State Vs. Om Prakash), under Sec. 307 IPC, Police Station Spiri Bazar, Jhansi convicting the appellant under Sec. 307 Penal Code and sentencing him to undergo 3 years R.I. and fine of Rs. 500.00.

(2.) Heard Sri Ray Sahab Yadav, learned counsel for the appellant and Sri Abdul Majeed, learned A.G.A. for the State.

(3.) Prosecution case in nutshell is that on 5.5.1987 written report (Ext. Ka-1) scribed by Ashok Kumar Saraswat on behalf of K. R. Saraswat (injured) was moved at Police Station concerned mentioning therein that informant K. R. Saraswat was Head Clerk in the Office of District Animal Husbandary, Jhansi and was busy in his work in the office. At about 4.30 P.M. on 5.5.1987 the accused appellant who was posted as Pashudhan Vikas Sahayak, Akseo, Mauranipur, Jhansi came in the office and told that "AAPNE MERA STHANTARAN KAR DIYA HAI ACCHA NAHI KIYA". On this, informant told that transfer is done by the D.L.O. but the accused appellant told that he knows everything and transfer is the act of informant. Informant requested the appellant to go outside but the accused told that he will not leave the office until and unless his transfer is revoked/cancelled and if it is not done he will kill the informant. Again the informant told the accused appellant in anguish to leave the place and do not tease him. On this, accused appellant took out a knife from his pocket and started abusing and stabbing the informant. Informant shouted and rescued himself. It is also mentioned in the written report that injury was caused by the appellant on the stomach, mouth and neck of the injured and due to this informant become unconscious. As soon as the informant regained the consciousness, reached in the office of the Joint Development Commissioner, Jhansi and saved his life. If the informant would not have left the place of occurrence he would have been killed by the accused-appellant. Employees present in the above mentioned office saved and took him to the Medical College. The written report was got prepared by one Ashok Kumar Saraswat son of K. R. Saraswat. On the basis of written report (Ext. Ka-1); chik F.I.R. (Ext. Ka-2) and the G.D. entry (Ext. Ka-3) were prepared at Police Station concerned on the same day at 6.40 P.M. registering at crime no. 145 of 1987 under Sec. 307 Penal Code against the accused appellant. Informant was hospitalised in the Medical College, Jhansi. The then City Magistrate, Jhansi on the same day at 8.25 P.M. recorded the statement of the injured K. R. Saraswat as dying declaration, which is Ext. C-2 on record. Injury report Ext. Ka-9 and the X-ray report (Ext. Ka-8) were prepared. Investigating Officer inspected the spot, prepared the site plan (Ext. Ka-5), recorded the statement of the witnesses under Sec. 161 Cr.PC. and after completing necessary formalities submitted charge sheet (Ext. Ka-7) against the accused appellant under Sec. 307 IPC. Concerned Magistrate took the cognizance of the case and on appearance of the accused, committed the case to the Sessions Court as the matter was exclusively tribal by the Sessions Court.