BHAGWAN DEEN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 29.4.1987 passed by VII Additional District & Sessions Judge, Kanpur Dehat in Sessions Trial No.384 of 1983, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life.

(2.) In the present case, name of the deceased is Ram Dayal and as per prosecution case, on 29.9.1983 at about 2:00 am (in the mid-night) he was killed by appellant Bhagwan Deen by causing him number of incised wounds by a Tabbal. Further case of the prosecution is that about 8-10 days prior to the incident, Nirmala Devi, wife of Bechey Lal (brother of the appellant) was teased by the deceased and at that time, the appellant made efforts to get the deceased, but he could not succeed. Getting the opportunity, on 29.9.1983, the appellant entered the house of the deceased and caused him several injuries by a Tabbal, when he was sleeping in his Varandah. After hearing the cries of the deceased, (PW-1) Ram Gopal (nephew of the deceased), (PW-2) Kishuna Devi (wife of the deceased) and (PW-3) Chhotey Lal reached to the place of occurrence and, in the natural moon light and in the light of torch, saw the appellant causing injuries to the deceased. When these eye-witnesses have challenged the appellant, he fled away from the spot. On the next morning, at 8:30 am, on the basis of written report Ex.Ka.1 lodged by (PW-1) Ram Gopal, FIR Ex.Ka.3 was registered against the appellant under Section 302 of IPC.

(3.) Inquest on the dead body of the deceased was conducted vide Ex. Ka.5 on 29.9.1983 and the body was sent for postmortem which was conducted on 30.9.1983 vide Ex. Ka.17 by (PW-7) Dr S N Srivastava.