SHIV KESH Vs. STATE OF U.P.

JUDGEMENT

(1.) These two connected appeals stem from the same impugned judgment dated 8.7.2005 passed in S.T. No.286 of 2004 arising out of Crime No.273 of 2004 (State Vs. Shivkesh and others) under Sec. 302 of Indian Penal Code (IPC), Police Station (P.S.) Ghatampur, district Kanpur Dehat whereby appellants Shiv Kesh and Rajjan were convicted under Sec. 302 Indian Procedure Code and Sec. 302 read with Sec. 34 Indian Procedure Coderespectively. Both appellants were sentenced to life imprisonment along with fine of Rs.5000.00 each with default stipulation. Both appeals have been heard together and are being decided by common judgment.

(2.) The prosecution story in brief is that Harish Chandra (deceased) cousin brother of informant Shiv Singh Yadav (P.W.1) was sleeping in his house in the night of 3/4.7.2004. Suddenly at about 1 am. in the night deceased Harish Chandra raised alarm whereupon informant and other neighbors woke up and rushed towards the place of occurrence flashing battery torches. They saw that appellant Shiv Kesh and his two unknown companions were stabbing Harish Chandra (deceased) with a knife, while coappellant and father-in-law of Shiv Kesh, namely, Rajjan was holding deceased Harish Chandra. As soon as the witnesses approached the place of occurrence, assailants fled from the spot. It is claimed that the incident was witnessed by P.W. 1 Shiv Singh Yadav (informant), P.W. 2 Gomti (mother of deceased) and some other persons.

(3.) The prosecution has claimed that there was sufficient light of battery torches and there was enough moon light as well. P.W. 1 Shiv Singh Yadav (informant) dictated the FIR to one Meer Singh scribe which was later on lodged at P.S. Ghatampur under Sec. 307 Indian Procedure Codeat 03.05 am. (Ext. Ka-1) at night. i.e. almost within two hours of the incident. The police personnel sent injured Harish Chandra for treatment to the Primary Health Centre (PHC), Ghatampur through constable Girendra Singh with Chitthi Mazrubi. P.W. 9 Dr. Dinesh Singh examined the injured Harish Chandra and found following injuries on his person: