RAJU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 03.11.1993 passed by the 5th Additional Sessions Judge, Agra in S.T. No.299 of 1990 (State Vs. Raju alias Rajendra) whereby the appellant Raju @ Rajendra has been convicted for offence punishable under Section 302 IPC and has been sentenced to undergo imprisonment for life.

(2.) The facts giving rise to the appeal are as under:

(3.) Lala Ram (PW-1) father of Mukesh (the deceased) lodged first information report (FIR) on 01.05.1990 at 11.30 pm (Case Crime No.48 of 1990) at P.S. Madan Mohan Gate, District Agra, alleging that, at about 10 pm, when the informant was inside his house and his son Mukesh (the deceased) and his younger brother Nand Kishor (PW-3) were sleeping at the door of the house, he heard cries; upon which, he rushed to the spot and saw Raju alias Rajendra son of Gauri Shanker (the appellant) running away in the lane, just in front of his house, with a blood stained knife in his hand and his son Mukesh (the deceased) lying injured and under the care of informant's brother Nand Kishor (PW-3) and neighbour Jaggo Lal (PW-2). The incident was allegedly witnessed in the light of a bulb lit just outside informant's house. The FIR further alleges that Nand Kishor (PW-3) and Jaggo Lal (PW-2) informed the informant that Raju (the appellant) had assaulted Mukesh (the deceased) with knife and ran away. FIR also alleges that upon hearing cries, informant's son Dilip (not examined) and other neighbours including Bangali son of Babu Ram (not examined) arrived at the spot. It is alleged that they all took the deceased to the emergency ward where the doctor declared him dead. The motive for the crime disclosed in the FIR was that on 29.04.1990 some altercation had taken place between the accused and the deceased at the time of marriage in the house of Taro Maharaj (not examined) in connection with which the accused had threatened the deceased. Thereafter, a day before the incident also, Raju (appellant) had come with boys of the locality and had extended threats to Mukesh (the deceased). In the first information report it was stated that the body of Mukesh (deceased) was lying at S.N. Hospital.