DINESH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal arises out of the impugned judgement and order dated 03.05.1988 passed by II Additional District & Sessions Judge, Kanpur Dehat in Sessions Trial Nos. 50 of 1985 (State Vs. Dinesh) and 104A of 1985 (State Vs. Surendra Singh), convicting the accused-appellants under Section 302/34 of IPC and sentencing them to undergo imprisonment for life.

(2.) In the present case, name of the deceased is Ram Swaroop Tiwari. Deceased stood as a surety for appellant Dinesh but as Dinesh continued to commit crimes, deceased informed him that if he will not make himself correct, in such a condition, deceased would be compelled to get his bail cancelled. Looking to this attitude of the deceased, accused Dinesh got annoyed with him and with the help of co-accused Surendra Singh, Umesh (died during investigation) and Ramesh (absconded during trial), on 03.08.1984 committed the murder of the deceased by causing gun shot and axe injury to him. Incident has been witnesses by Shiv Kant Tiwari (PW-2), a child witness aged eight years (son of deceased), who at the time of commission of offence was with the deceased. Hearing the cries of the deceased, his another son Kamal Kant Tiwari (PW-1) rushed to the spot and saw the accused persons fleeing from the spot. On the written report Ex.Ka.-1 lodged by Kamal Kant Tiwari (PW-1) on 03.08.1984 at 07.45 pm, FIR was registered against four accused persons under Section 302 of I.P.C.

(3.) Inquest on the dead body of the deceased was conducted, on the same day i.e. 03.08.1984, vide Ex.Ka.4, which started at 09.30 pm and completed at about 11.00 pm and body was sent for postmortem, which was conducted by Dr. Anil Bihari Lal Saxena (PW-7) vide Ex.Ka.15 on 04.08.1984.