LAWS(ALL)-1997-9-193

AVADHESH KUMAR Vs. STATE OF UTTAR PRADESH

Decided On September 25, 1997
AVADHESH KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Both these appeals arise out of judgment and order dated 24-2-1981 passed by the then VIIIth Addl. Sessions Judge, Kanpur (non-metropolitan area) in S.T. No. 567 of 1978, State v. Awadhesh Kumar. The learned trial Court has held both the accused guilty u/S. 302/34, IPC and sentenced them to undergo life imprisonment. They have further been sentenced to undergo 3 years R.I. on the charge u/S. 324/34, IPC. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case started on the basis of a FIR lodged by Sri Mathura Prasad, P.W. 1 at the police station Shivli on 28-8-78 at 5 a.m. The date of the occurrence is 26-8-1978 around sun set. The distance of the police station from the place of occurrence is 13 miles. He has alleged that Rajesh Kumar Singh, P.W. 3 is his brother, who is employed in Kanpur Nagar Palika at Kanpur. He was returning home. At about 6 p.m., he reached the culvert in village Pachor. Accused Awadhesh Kumar and Hari Babu, appellants belonging to the village of complainant, met him there. Awadhesh Kumar demanded the cycle of Rajesh Kumar, which he refused. Thereupon, Awadhesh Kumar abused him. Rajesh Kumar asked him not to abuse. Thereupon, the accused Awadhesh Kumar and Hari Babu ran towards him for assaulting. However, Rajesh Kumar could escape on his cycle and reach home safely around su set on the same day i.e. 28-8-78. Accused Hari Babu came to the house of the complainant and said that his mother wanted to talk to the complainant's mother Smt. Phool Kumari. Therefore she was calling her for an urgent work and he, thus persuaded Smt. Phool Kumari to accompany him and, this way, she reached near the house of Hari Babu. Thereafter, Awadesh Kumar, his mother and sister Km. Meera started hurling filthy abuses towards Smt. Phool Kumari and loudly. This was resented by Smt. Phool Kumari. The monther of Awadhesh Kumar said that your son has abused my son. We shall get him murdered. Shitala Prasad (deceased) the son of Smt. Phool Kumari followed her and he too came near the house of the accused. The mother and sister of Awadhesh Kumar said that since Rajesh Kumar had abused Hari Babu and Awadhesh Kumar, they shall get Rajesh Kumar murdered. It is then, Hari Babu, accused caught hold of Shitala Prasad and Awadhesh accused, pierced his knife repetedly in the body of Shitala Prasad. Hearing the alarm raised by Shitala Prasad and Smt. Phool Kumari, Rajesh Kumar, P.W. 3, his brother in law Hira Lal and uncle Babu Lal and Ram Dularey of the same village reached the spot and saw the incident. Shitala Prasad fell down as a result of injuries received by him. When the complainant came to his rescue, he was also assaulted with a knife by Awadhesh Kumar. However, the pressure upon the accused increased. Then all the culprits entered the house of co-accused Hari Babu. The condition of Shitala Prasad was very serious, therefore, the complainant arranged for a buffalo cart and all were taking Shitala Prasad to Choubeypur Hospital. As soon as they reached near the road Tatiaganj, Shitala Prasad succumbed to his injuries and died. The complainant continued the journey and reached the hospital Choubeypur, where his injuries were bandaged. Thereafter, taking the dead body, the complainant reached the police station and lodged the report.

(3.) On the basis of written FIR, the case was registered at the police station on 29-8-1978 at 5 a.m. by Constable Sri Chandrakesh Singh, who registered the case in the G.D. As the complainant was also injured, a chitthimajrubi was prepared and he was directed to go to the local hospital for medical examination as well as treatment along with Constable Sri Bal Mukund. The case was registered in absence of Sri Siya Ram Sharma, I.O., then posted as S.I., Shivli. The investigation was entrusted to him around 10 a.m. on the same day and he started investigation in right earnest. He held an inquest upon the dead body of Shitala Prasad and prepared the panchayatnama and other relevant documents. He kept the dead body in sealed condition and sent the same for post mortem examination through Constable Sri Bal Mukund.