KASHMIRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment and order dated 7.12.2006 passed by the Additional Sessions Judge, Court No. 9, Saharanpur in S.T. No. 357 of 2004, whereby convicting the appellant Kashmira for the offence under Section 302, I.P.C. and sentencing him to rigorous imprisonment for life with fine of Rs. 1,000 and in default to undergo one month's imprisonment.

(2.) THE facts leading to this appeal sans redundant details are these : On 18.4.2004 Mohit (victim), five years old son of the complainant Karam Singh (P.W. 1) was playing alongwith his brother Rohit (P.W. 3) in the verandah where their fodder cutting machine was installed. At about 11.15 a.m. the appellant who nursed a grudge against the complainant and was residing for the last about six years in Punjab, all of a sudden came in the verandah where complainant's children were playing. THE appellant gave Rs. 10 to Rohit for purchasing eatables and sent him off. THEreafter, the appellant caught hold of Mohit and subjected him to assault by striking different parts of his body against the gandasa (a cutting instrument) fixed in the fodder cutting machine. On hearing the outcries of the victim the complainant and his wife came out of the room and witnesses Subodh Kumar (P.W. 4), Surendra Kumar (P.W. 2) and Lokesh reached at the spot and saw the appellant tearing the chest of the victim with the sickle. THE appellant was overpowered and captured after giving thrashing and was taken to the police station. THE victim succumbed to the injuries at the spot. THE complainant got scribed the written report of the incident (Ext. Ka-1) by Subodh Kumar and laid it at police station Nakur the same day at 12.30 noon. On the basis of written report chick F.I.R. (Ext. Ka-2) was prepared by C/c Amresh Pratap Singh (P.W. 5) and the crime was registered under Section 302, I.P.C. in the General Diary at Serial No. 21 (Ext. Ka-3) on 18.4.2004 at 12.30 noon. THE special report was sent to the higher officers through C.P. Raj Kumar the same day and entry was made in the General diary at Serial No. 25 (Ext. Ka-4) at 4 p.m.

(3.) THE autopsy on the dead body of Mohit was conducted on 19.4.2004 at 3 p.m. by Dr. R. R. Gahlot (P.W. 6) and following ante-mortem injuries were found on his body according to the post-mortem report (Ext. Ka-5) :