DURGA Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 16.7.1986 by the Additional Sessions Judge, Court No.VIII, Kanpur Nagar in S.T. No.228 of 1985 (Case Crime No.89 of 1985) convicting the appellant for life under Section 302 IPC.

(2.) The case of prosecution in brief is that the informant and the deceased were brothers, had a shop situate near a particular crossing, around which there was illumination on account of shops and the road. On 20.3.85 at about 8.30 PM while the duo was present at the shop alongwith one Om Prakash and his associate who had come to settle the accounts with the deceased. Accused-appellant Durga Nai, earlier a resident of Lal colony arrived, fired a shot from his country made pistol at the deceased and also threatened that if anyone dares to retaliate he too would be eliminated. The deceased fell down from the platform of the shop, commotion ensued, forcing people to close their shops. The accused fled towards "56 Chauraha". Crowd accumulated including the other brother of deceased and his father followed by the police. The deceased was rushed in the police vehicle alongwith the father of the deceased to the hospital. The report finally alleged that the accused Durga Nai had criminal antecedents who used to extort clothes and money, on the fateful day also demanded the same but as the deceased refused to accede his request he was eliminated.

(3.) P.W-6, the S.H.O, Kidwai Nagar in whose jurisdiction the offence was committed, received information of the occurrence while on patrol near "Bara Devi Crossing", reached the scene in couple of minutes. The victim was rushed to Ursala hospital in police vehicle. P.W-2, brother of the victim/informant scribed a report (Ex. Ka-1) at his shop, went to the P.S, at a distance of 250 steps to lodge the F.I.R, ( Ex Ka-4) which was registered by P.W-3/head constable as Case Crime No.89 under section 307 IPC on 20.3.1985 at 8.50 PM and entered its extract in G.D (Ex. Ka-2). P.W-6/the I.O obtained the statement of the informant and that of his father on the same day, prepared site plan (Ex.Ka-12) at the instance of P.W-2/, collected blood stained bed sheet and pieces of bricks (Ex Ka-13) in presence of named witnesses who appended their signatures. On 21.3.1985 at about 12.30 AM, P.W-3 received information of death of the victim, the case was converted to Section 302 IPC as G.D report no.3 (Ex. Ka-3).