MUNESH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal arises out of impugned judgement and order dated 24.01.2007 passed by the Additional Sessions Judge, Court No.2, Budaun in Sessions Trial Nos. 635 of 2005 and 636 of 2005, convicting the appellant under Sections 302 of IPC and 4/25 of the Arms Act and sentencing him to undergo imprisonment for life and a fine of Rs. 10,000/-, in default thereof, six months simple imprisonment; and one year rigorous imprisonment and a fine of Rs. 500/-, in default thereof, one month simple imprisonment respectively, with a direction that both the sentences to run concurrently.

(2.) As per prosecution case, on 9.7.2005, accused appellant teased one Sharmila, D/o Chhotey Lal, closely related to Dal Chandra (PW-3). A complaint was made by Dal Chandra (PW-3) to the family members of the appellant, which was not liked by the appellant. Out of anger, on 10.7.2005, at about 7:00 am, appellant had gone to the house of Dal Chandra, made some altercation and started abusing the deceased Man Singh, s/o Dal Chandra. Man Singh objected to the abusive language of the appellant and it is said that the appellant gave a single blow of knife on the chest of the deceased. On the basis of written report Ex.Ka.1 dated 10.07.2005 lodged by Dal Chandra (PW-3), FIR Ex.Ka.3 was registered on 10.7.2005 at 8:15 am under Section 307 of IPC against the appellant and thereafter on 11.7.2005, another FIR Ex.Ka.11 under Section 4/25 of the Arms Act was registered. While injured Man Singh was being shifted to Hospital, on the way, he expired and, therefore, offence under Section 302 of IPC was also added in the FIR. Inquest on the dead body of deceased was conducted vide Ex.Ka.13 on 10.7.2005 and the body was sent for post-mortem, which was conducted on the same day vide Ex.Ka.7 by Dr. Jitendra Verma. However, during pendency of trial, Autopsy Surgeon has expired and the post-mortem report has been proved by one Vijay Raj (PW-8), Junior Clerk of District Hospital, Budaun.

(3.) As per post-mortem report, following injury was noticed on the body of the deceased: