NEERAJ Vs. STATE

JUDGEMENT

(1.) FIVE persons; Neeraj (Rama Kant Srivastava) (18), living in Bhoosa Mandi, police circle Aminabad (Lucknow), Kishan Agarwal of Bhoosa Mandi, Irfan, living in Jangliganj, police circle Naka Hindola (Lucknow), Ashok Kumar Sharma of Bhoosa Mandi and Shishir Chand, resident of Khursheed Bagh, police circle Naka Hindola (Lucknow), were tried by the Ilnd Additional Sessions Judge, Lucknow, for various offences. Kishan, Irfan and Ashok were tried for offences under Sections 120-B and 302/34 Penal Code, and in the alternative under Section

(2.) THE prosecution story, as it was set out at the trial, was this : Neeraj and Kishan were frequent visitors to Shishir. THEy used to roam about in Khursheed Bagh and at times they teased girls of the locality. Ajay Tewari resented this. Madhukar Misra (PW 1) had also expressed his indignation over their activity. About a fortnigh prior to this incident, the deceased had remonstrated with them. Shishir then took a defiant attitude and Ajay Tewari gave him a couple of slaps. THEreafter, on one occasion Madhukar Misra also rebuked Shishir about eve teasing. On this occasion Shishir told Madhukar Misra that he had been humiliated by Ajay Tewari also and that he would take revenge for the insult. At that time Shishir was accompanied by Ashok and Neeraj A day before the occurrence there was an exchange of hot words between Neeraj and Shishir on one hand and the deceased and Bishun Murari (PW 7) on the other. Shishir and Neeraj told them that Ajay Tewari should not interfere. Ajay Kumar Singh (PW 5) and others also intervened. Shishir and Neeraj then went away extending a threat to see Ajay Tewari, the neat day.

(3.) SHISHIR was arrested on 19th May, 1972, and Neeraj on the 20th. Neeraj told him that the blood-stained knife (Ext. 1) had been given by him to Shamim. The Investigation Officer then went to Shamim and at his pointing out he recovered the knife from the house of Shamim and sealed it by the memo (Ext. Ka-18). Irfan was arrested on 21 st May and with a veiled face he was sent to jail with due precautions on 22nd May. Ashok surrendered in court on 26th May and was sent to jail with a veiled face. Thereafter, Irf an and Ashok were put up at test identification held under the suprevision of a Magistrate First Class, the identification memo, being Ext. Ka-10. The result of the test identification was that Ashok was correctly identified by Ganga and Irf an was correctly identified by Madhukar Misra and Bishun Murari. The recovered earth was found stained with human blood by the Chemical Examiner and the Serologist, but no human blood was found on the blade of the knife as the blood-stains had become disintegrated. After doing the necessary investigation the charge-sheet (Ext. Ka-25) was submitted against all the accused persons.