SANJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS ap­peal, under section 374 (2) of the Code of Criminal Procedure (in short the Cr.P.C.) has been preferred against the judgement & order dated 26.4.2007, passed by Sri. O.P. Goel, the then 1st Additional Sessions Judge, Kannauj, in S.T. No. 124 of 2005, whereby the appellant-accused Sanjay has been convicted and sentenced to impris­onment for life under section 302 IPC in Case Crime No. 100/2005 of P.S. Saurikh, District Kannauj.

(2.) THE incident resulting in instanta­neous death of the deceased Kuldeeip son of the complainant Smt. Brij Rani W/o Sri Veer Singh, R/o Mohalla Kachhiyana, Kasba and P.S. Saurikh, District Kannauj occurred on 15.3.2005 at about 5.45 p.m. in the market of kasba Saurikh near the Aatachakki of Lala Pramod Gupta. The first information report was lodged by Smt. Brij Rani at P.S. Saurikh on the same day at 6.40 p.m. The case of prosecution, as ap­pearing from the chik FIR Ext. Ka 12, in brief, is that on 15.3.2005, the complainant Smt. Brij Rani and her son Kuldeep had gone to purchase vegetables in Saurikh Ba­zar. When after purchasing vegetables, they were returning to their house and reached near the Aatachakki of Lala Pra­mod Gupta at about 5.45 p.m., the accused Sanjay having a chhuri in his hand met there and began to hurl abuses to Kuldeep. When Smt. Brij Rani and Kuldeep pro­tested and asked Sanjay not to hurl abuses, he stabbed chhuri in the chest of Kuldeep, who succumbed to the injuries instantane­ously. This incident was witnessed by Smt. Brij Rani. On her raising hue and cry. Ram Singh, Ram Murti, Dayalu and many other persons came there and saw the incident and when they challenged the accused, he fled away carrying the chhuri.

(3.) S .I. Ahibaran Singh (P.W.6) was posted as Station Officer at P.S. Saurikh. On registration of the FIR, he started the investigation immediately and after record­ing the statement of Smt. Brij Rani at the police station, he went to the place of inci­dent along with S.I. K.P. Singh, S.I. Yash-want Singh and some other police person­nels. On his direction, S.I. K.P. Singh con­ducted inquest proceeding on the dead body of the deceased Kuldeep on 15.3.2005 in between 7.45 to 8.55 p.m., during which inquest report Ext. Ka 3 and connected pa­pers Ext. Ka 4 to Ext. Ka 6 were prepared and thereafter the dead body in sealed condition was sent through the constables Beche lal and Shiv Bahadur for post­mortem examination, which was con­ducted by Dr. Dinesh Singh (P.W.5) on 16.3.2005 at 2.00 p.m. According to the post-mortem report Ext. Ka 2, the following ante-mortem injuries were found on the person of deceased:-