RAJ DEO Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 4.11.1986 by the 2nd Additional Sessions Judge, Jaunpur in S.T. No.237 of 1982 convicting/sentencing the appellants to life under sections 302/34 IPC.

(2.) The deceased/informant lodged a report as Case Crime No.Nil under sections 324,326,307 IPC, P.S. Zafrabad, Jaunpur on 6.7.1982 at 00.45 hours in respect of an occurrence dated 5.7.1982 at 10.30 PM, alleging that after having his meal, when he proceeded towards the tubewell to guard the same, reached in front of the petrol pump of Achhe Lal Chaurasia, accused Rajdeo Singh @ Loha Singh hurled abuses at him and also inflicted knife blows while accused Baba and Chhotelal @ Chhotai gheraoed him who attempted to escape but accused Rajdeo hurled a bomb and fired a shot from a countrymade pistol causing injuries to him. On cries for help Ajit Kumar Singh (P.W-1) alongwith 2 others reached the scene to rescue the deceased. The deceased sustained serious injuries, dictated the report to one Prahlad Singh, subsequently signed by the deceased.

(3.) Prahlad Singh (not examined) took the report to the police station, while P.W-1 along with others took the deceased to the District Sadar Hospital. The deceased recorded his statement before P.W-2/the Executive Magistrate on 6.7.1982 at 3.35 AM. The condition of the deceased was reported to be serious, was advised that he be taken elsewhere. The deceased was brought to M.L.N. Medical College, Allahabad, admitted but died during the treatment same day on account of injuries sustained by him.