VEER PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) To examine correctness of the judgment dated 4th November, 1985 passed by learned I Additional Sessions Judge, Meerut, this appeal is preferred. By the judgment impugned, learned trial Court recorded conviction of accused appellants-Veerpal and Gajendra Singh for an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life term imprisonment with a fine stipulation. During the pendency of the appeal, accused Gajendra Singh has already died on 23rd December, 2005 and appeal has already been abated qua him.

(2.) The factual matrix necessary to be noticed for adjudication of instant appeal is that at the instance of one Mohd. Shafi, son of Khan Shiri, resident of Baghpat, a criminal case was registered against accused appellants-Veerpal and Gajendra Singh for commission of offence punishable under Section 307 IPC on 18th July, 1982 at about 9.30 pm. During the course of the investigation, the injured Faiyyaz died hence the investigation commenced for an offence punishable under Section 302 IPC. As per the averments contained in the first information report dated 18th July 1982, Faiyyaz, son of informant Mohd. Shafi (PW-2), was running a tea shop on the T-point at Baghpat Delhi Road. On 18th July, 1982, at about 9.00 pm, both the accused had tea at the tea shop. After having tea they tried to left the place without making payment. On asking they abused Faiyyaz and on objection they caused spade injury on the head of Faiyyaz. Injured Faiyyaz was taken to the Government Hospital. The entire incident, as per the averments contained in the first information report, was witnessed by Sharif, son of Nazeer, Haji Abdul Razzaq, son of Haji Nanhe Khan, Islamuddin and several other persons. The accused persons tried to flew from the spot but the persons there fastened them and produced at the police station. Injured Faiyyaz during course of the investigation died. On 18th July, 1982 an autopsy on the corpus of the deceased Faiyyaz was made by Dr. G.S. Rawat (PW-10) on the same day. As per the post mortem report (Exhibit Ka-1), the deceased had following injuries:

(3.) The injuries were sufficient to cause death in natural course of life. The Investigating Agency after completing the investigation filed a police report before the court competent. The court competent committed the case to the Court of Sessions being the same a Sessions triable case. The Sessions Court framed a charge for commission of offence under Section 302 IPC and the trial commenced as desired by the accused after denial of their guilt.