RAMESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 03.07.1987 passed by the Xth Additional Sessions Judge, Moradabad in Sessions Trial No.421 of 1986 (State vs. Ramesh), convicting and sentencing the appellant under Section 302 of IPC, to undergo rigorous imprisonment for life.

(2.) As per prosecution case, appellant-Ramesh and deceased Ashok Kumar were friends and there used to be monetary transactions between them. On 13.06.1986 at about 10:00 PM, there was some exchange of words between the two friends and it is said that the deceased was demanding his money from the appellant. Some scuffle took place between the two and the appellant gave a single blow of knife on the upper side of left clavicle of the deceased. The deceased was immediately taken to hospital where he was declared brought dead. FIR-Exhibit Ka.6 was lodged on 13.06.1986 at 11:50 PM by PW-1-Shyam Lal, father of the deceased based on which, offence under Section 302 of IPC was registered against the appellant. Inquest on the dead body was conducted on 14.06.1986, vide Exhibit Ka.4 and the body was sent for postmortem which was conducted, vide Exhibit Ka.3 on 14.06.1986 by PW-5-Dr A K Goyal. As per autopsy surgeon, following injuries were noticed on the body of the deceased:

(3.) The said incident is said to have been witnessed by three eye witnesses, namely, Shyam Lal-father of the deceased, Veerwati-mother of the deceased and Pushpa-wife of the deceased.