MEWA LAL Vs. STATE

JUDGEMENT

(1.) Brief facts of the case are that upon a First Information Report being lodged on 11.11.1988, the police registered a case being Criminal Case No. 471 of 1988 under Section 302 and 392 IPC. Though there was no arrest on the spot upon information being received through an informer the appellant/accused was apprehended on 12.11.1988 at about 12:45 am. The lodging of the First Information Report was followed by an investigation which culminated in the submission of a charge sheet under Section 302, 392 and 411 IPC by the Police. Upon receiving the charge sheet, the Xth Additional Sessions Judge, framed charges under Section 302 and 392 IPC wherein the accused pleaded innocence and claimed trial.

(2.) In the trial the prosecution examined Om Prakash as P.W.-1, S.P. Gupta as P.W.-2, Anup Kumar as P.W.-3, L.K. Chaturvedi as P.W. 4, Tulsi Ram as P.W. 5, Harish Chandra Gupta as P.W. 6, Dr. B.C. Rastogi as P.W. - 7, Umesh Singh Sengar as P.W. - 8, Brij Kishore as P.W. - 9, J.P. Singh as P.W.-10 and R.K. Singh as P.W. 11.

(3.) In defence, the accused examined D.W.1 - Om Prakash Agarwala (Apur Abhiyanta). The Court witnesses, namely, Sri Brijesh Chandra Saxena was also examined. The accused under Section 313 Cr.P.C., 1973 proclaimed innocence and enmity was assigned the reason for his false implication. The XIth Additional Sessions Judge, Kanpur Nagar on 19.11.1992 who was the trial Judge, after considering the evidence on record and after hearing the submissions advanced before him by the parties, convicted the appellant under Section 302 and 392 IPC. Under Section 302 IPC, he was sentenced for life imprisonment with a fine of Rs. 5,000/-. Under Section 392, the appellant was sentenced for a rigorous imprisonment of five years with a fine of Rs. 2,000/-. Both the sentences were to run concurrently.