KAMLESH Vs. STATE

JUDGEMENT

(1.) Appellant Kamlesh has preferred this appeal against his conviction and sentence of life imprisonment under Section 302, I.P.C. recorded by Sri M. G. Godbole, the then Sessions Judge, Jalaun at Orai vide his judgment and order dated 18-2-1980 in S. T. No. 386 of 1978.

(2.) The brief facts of the case are that Sri Ram Sewak, informant lodged the F.I.R. under Section 307, I.P.C. on 7-9-1978 at 10.05 a.m. which is Ex. Ka-6, stating therein that on 7-9-1998 at 9.00 a.m. his son Santosh Kumar was attacked by Kamlesh by Tamancha. It is alleged that the informant Ram Sewak was tenant of Nathu Ram Bhatt, a co-accused who had been acquitted. Ram Sewak was residing in the house of Nathu Ram along with his wife and daughter Shanti and other issues. Accused Kamlesh developed love affair with Km. Shanti. Rama Sewak came to know of this about 4 or 5 days before the occurrence, Ram Sewak summoned his son Santosh Kumar, who was working in the office of the Divisional Superintendent, Central Railway, Jhansi, as a telephone operator, with a view that Santosh Kumar should take away Km. Shanti to Jhansi. On 7-9- 1978 about 9.00 a.m. Kamlesh called for Santosh Kumar, son of the informant, in his room and asked that he loves Km. Shanti, she should marry with him. The victim Santosh Kumar refused and told that both are of different castes and the marriage is not possible. At this Kamlesh took a Tamancha and fired at Santosh Kumar, Gopal, son of Mangal and Kallu, son of Budhai saw the occurrence. They made an alarm. Kamlesh came out of the room and ran away. Ram Sewak, informant took Santosh Kumar and admitted in the District Hospital, Jalaun at Orai.

(3.) In the hospital, Dr. S.N. Purwar, P.W. 2 examined the injuries of the victim the same date at 11.45 a.m. The victim Santosh Kumar was admitted in the hospital at 9.30 a.m. but the injuries could not be noted at once due to very low condition. The doctor found the following injuries at the person of the deceased :