SUDHIR KUMAR SHUKLA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 28.3.1978 passed by Sri Brahma Kishore, the then III Additional Sessions Judge, Kanpur by which he was convicted Sudhir Kumar Shukla under Section 302 IPC and has sentenced him to imprisonment for life.

(2.) ABOUT seven or eight years prior to this incident Shitla Prasad Misra deceased had lodged a first information report at Police Station Kotwali, Kanpur, against one Ashok Kumar alias Babban in connection with the murder of Uma Shankar alias Bare Babban which led to the prosecution of said Ashok Kumar and his three companions. On account of the same Ashok Kumar his companions were aggrieved with Shitla Prasad Misra deceased. The appellant was said to be a member of the party of the said Ashok Kumar.

(3.) ON 5.10.1976 at 9 p.m., P.W. 3 Smt. Alka Srivastava, Magistrate had recorded dying declaration of Shitla Prasad Misra at the hospital. P.W. 4, Dr. A.K. Gupta had given a certificate on the said dying declaration that Shitla Prasad Misra was in a fit mental condition to give his statement. P.W. 2, Dr. B.M. Pandey, the then Medical Officer, U.H.M. Hospital, Kanpur, had examined injuries of Shitla Prasad Misra on 5.10.76 at 5.20 p.m. He had found the following injuries on his person: