DULARAY & OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants have assailed the judgement dated 8.1.1988 passed by the Vth Additional Sessions Judge, Kanpur Nagar convicting them for in furtherance of their common intention on 4.2.1986 having committed murder of one Pramod Kumar and sentencing each of them to undergo imprisonment for life.

(2.) The case of the prosecution is in narrow compass and is briefly encapsulated hereinafter.

(3.) Rampal, PW2 lodged a complaint on 4.2.1986 with the police at 6:45-7:00 P.M. that his son Pramod Kumar was murdered when he had gone to buy tobacco at the shop of Chunni Lal, by five persons namely, Dularey Yadav, Laloo Yadav, Pradeep Yadav (all the appellants), Awadhesh Gupta and Kuldeep Trivedi (both were acquitted by the trial Court). It was stated that the accused have assaulted him and caused him grievous injuries. The accused were armed with 'palta', saria (iron rod), sticks and lathies. On their assault Pramod Kumar screamed for help. Hearing his cry the younger son of PW2, Anil Kumar Pal, Ashwani Kumar Pandey, Pappu, son of Ram Kishan Gupta and Kallu Guru and some other persons rushed to the spot. His son Pramod Kumar had sustained serious injuries. He was carried to Ursala Hospital, Parade on a Rikshaw by his real brother Anil Kumar and Ashwani Kumar. Later PW2 Ram Pal also reached the hospital where the Doctors who were attending injured Pramod Kumar declared him dead. It is stated that PW2 leaving the body in the hospital went to the police station for taking appropriate action against the accused. In the F.I.R. the allegation of enmity with his son Pramod Kumar was also mentioned. It is also mentioned in the report that at the shop of Chunni Lal, the place was lit by street light, which produced sufficient light on the spot.