GANGA SARAN Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. Mr. L. S. Shukla, the then VII Additional Sessions Judge of Shahjahanpur by his judgment and order dated 31-5-1978 found the appellant Ganga Saran guilty of an offence punishable under Section 304, Part-I of the Indian Penal Code, convicted him accordingly and sentenced him to imprison ment for life. Against this order, the present appeal has been filed.

(2.) THE case was started on a first information report lodged by Jagdish deceased on 19-1-1976 at 5. 35 p. m. at Police Station Nigohi, District Shahjahan pur. Jagdish as well as Ganga Saran were both residents of village Gurgawan, P. S. Nigohi. THE occurrence took place on 19-1-1976 at 1 p. m. prosecution case was that Jagdish was carrying out some agricultural operations in his field when the appellant Ganga Saran reached there. He was furious because his brother Kishore had been given a beating by Jagdish's younger brother Rati Ram in the earlier part of the day at 12 noon. Ganga Saran started scolding Jagdish for the lapse of his brother and when there was exchange of abuses, Ganga Saran whipped out a knife and struck it in the chest of Jagdish causing him injuries and then ran away. THE occurrence was seen by witnesses Dori and Ram Asrey who were nearby and reached the spot. Jagdish also come back to his own house and his father arranged for a charpoy for him, where he rested. Village Pradhan arrived and scribed the first information report at the dictation of Jagdish. THEn arrangement for a cart was made and Jagdish was transported to the police station where he lodged the first information report which is now being treated as his dying declaration.

(3.) THE statement of Jagdish was recorded on 20-1-1976 under Section 161 of the Code of Criminal Procedure, which again is being relied upon as his dying declaration.