RAM SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mohd. Shahid Akhtar, Advocate for the appellant in Criminal Appeal Nos. 542 of 1998, 564 of 1998, 541 of 1998 and as Amicus Curiae for appellant, Kalloo in Criminal Appeal No. 1839 of 2004 as well as Shri Chandra Shekhar Pandey, learned A.G.A. for the State.

(2.) The prosecution case as borne out of the record of the Subordinate Court is that a written report was presented by Sri Rafique Khan son of Sri Husaini Khan resident of Village Ludhauli, Police Station Itaunja, District Lucknow to S.H.O. Police Station Itaunja, on 22.05.1995 at about 9:45 pm. alleging that the younger brother of the applicant namely Zaheer Khan is running a shop of Electric appliances at Manpur Chauraha. One Munna son of Ram Shanker Pasi is employed in his shop as a servant. On 22.05.1995 at about 8:30 pm., he (Rafique) and Zaheer went to the residence of Munna with regard to some work pertaining to installation of decorative lights and when Zaheer called Munna from the main gate of the house, Siya Ram Lodhi son of Munni Lal, Karan Singh son of Bhagwan Bux Singh, Harish Chandra son of Hem Raj, Santosh Singh son of Sheetla Bux Singh, Arjun Singh son of Bhagwan Bux Singh, Khem Chandra son of Munna, Ram Shanker son of Putti Lal and Kallu son of unknown emerged out from the house and dragged his brother namely Zaheer inside the house and started assaulting him by ''Kicks and Fists'. His brother fell down and Siya Ram took out a knife from his pocket and stabbed Zaheer below his chest with an intention to kill him. His brother (Zaheer)after receiving grievous injuries died at the spot, inside the house of Ram Shanker. On hearing alarm, Mohd. Shamim son of Maqsood Khan and Krishna Kumar Mishra son of Lal Bihari Mishra of the same village Ludhauli arrived on the spot and witnessed the incident in the light of torch and 'Dhibri' , which was lighting inside the house. The other villagers of the village also arrived on the spot and witnessed the incident. The dead body of his brother is lying inside the house of Ram Shanker.

(3.) On the basis of the aforesaid written application (Exhibit-ka-1), Chik FIR (Exhibit-ka-2) was prepared and a case was registered at Case Crime No. 86 of 1995 on 22.05.1995 at 9:45 pm, under Sections 147, 148, 149 and 302 I.P.C. A corresponding G.D. entry (Exhibit-ka-3), was also made in the General Diary as Serial No. 86 of 1995 at 9:45 pm. on 22.05.1995 and investigation of the F.I.R. was entrusted to S.H.O. Shri M.M. Khan. The Investigating Officer visited the place of incident and prepared Inquest Report (Exhibit-ka-5) and other necessary papers for the purpose of postmortem of the dead body i.e. 'Photo Lash' (Exhibit-ka-7), Sample Seal (Exhibit-ka-6), letter to C.M.O, (Exhibit-ka-9), Form No.13 (Exhibit-ka-8). The Investigating Officer also prepared the Site Plan (Exhibit-ka-10) and collected the blood stained and simple soil from the place of occurrence and also prepared a Recovery-memo (Exhibit-ka-11). The dead body of deceased Zaheer was thereafter sent for postmortem.