HARI DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) 1.This Criminal Appeal is born out of the judgement and order dated 10.05.2011 passed by the Special Judge, S.C.S.T. Act , Jhansi in Special Trial No. 70 of 2011 (State of U.P. Vs. Heera Lal and Hari Dayal), arising out of Case Crime No. 200 of 2001, under sections 302 I.P.C. and sections 3 (2) (5) S.C.S.T. Act , P.S. Mauranipur, District Jhansi, convicting and sentencing the appellants for imprisonment for life and imposing a fine of Rs.10,000/- upon each of the accused-appellants under Section 302 read with section 34 I.P.C. In case of default, they were further directed to undergo two years rigorous imprisonment.

(2.) An incident is alleged to have occurred on 15.6.2001 at 5.30 p.m. at Chhatarpur Road- Bye pass Malkethi Parao (Ground) within Police Station Mauranipur, District Jhansi, when the accused-appellants Hari Dayal and Hira Lal duped Vijay Kumar for a drink. They took him to a place called Malkethi Parao (Ground) Chhatarpur Road- Bypass, where all the three are alleged to have taken liquor together. All of a sudden, while they were drinking, accused Hari Dayal and Hira Lal suddenly assaulted Vijay Kumar with lathi/danda (stick) and chaku (knife). Pankaj, son of Ram Milan and Kailash, son of Jati upon witnessing the occurrence challenged the accused. Thereupon, the accused persons leaving the injured Vijay Kumar ran away. The injured Vijay Kumar was taken to the Community Health Centre, Mauranipur, by Santosh, where he is alleged to have been administered first aid and two of the wounds on his body are also alleged to have been stitched by the doctor, who attended him at the aforesaid Community Health Centre. But looking at the serious condition of the injured Vijay Kumar, he was referred to the Medical College, Jhansi for effective treatment from where he was further referred to K.G.M.C., Lucknow on 16.6.2001. Accordingly, the injured Vijay Kumar was taken to Lucknow in a motor car. As the car reached at a place called Karta Modh, the injured Vijay Kumar breathed his last. Consequently, the party taking the injured to Lucknow returned and deposited the dead body of Vijay Kumar in the mortuary of the Medical College, Jhansi on 15.6.2001.

(3.) The Medical College, Jhansi, where the body of the deceased Vijay Kumar was deposited came within the area of Police Post (Chauki) University (Vishwavidyalaya) Police Station Nawabad. As such the police of the aforesaid Police Station got the panchayatnama/inquest of the deceased done on 16.6.2001. According to the panchayatnama/inquest report, the panchayatnama/inquest commenced at 16.45 p.m. and concluded at 18.00 p.m. As per the panch witnesses, the death of the deceased Vijay Kumar was homicidal and was on account of the ante-mortem knife injury.