THANEDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Thanedar Singh, resident of village Kasanda, Police Circle Ajgain and Shy am Kishore alias Kallu of village Pure Nisf Pansari, Police Circle Makhi - District Unnao - were tried by the III Additional Sessions Judge, Unnao, upon the charge of murder read with S. 120-B Penal Code along with two others. Out of them Thanedar Singh and Shyam Kishore alias Kallu were found guilty of the offence under Sec. 302 Penal Code. Shyam Kishore alias Kallu died during the pendency of the appeal; hence his appeal abates. Upon the trial, Thanedar Singh was found to have fired gun shots on Raj Kishore Awasthi an Advocate of Unnao on 3-5-1978 at 9 p. m. in the vicinity of the main crossing of the city of Unnao, on the road which leads off from Kanpur to Lucknow. The injured succumbed to his injuries, immediately after.

(2.) Thanedar Singh has been awarded the extreme penalty of law. The usual reference for confirmation of death sentence is also before us.

(3.) A topographical account of the locality may be set down here. Around the crossing to its east and west there are a number of shops. The crossing on one side joins the Dhawan Road and on the other joins the road which leads off to the railway station. To the immediate north of the Dhawan Road at a distance of nine paces there was the sweetmeat shop of Krishna Kumar facing towards west and south adjacent to the shop of Krishna Kumar to the north was the shop of Mannoo Lal facing west. At a distance of 14 paces from the crossing towards east Janki Prasad used to sell Chaat at his 'Thela, it being the place to the immediate west of the shops of Krishna Kumar and Mannoo Lal. There was a letter box to the south of the shop of Mannoo Lal. To the south of the Dhawan Road there were the shops of Uma Shanker and Ram Bilas and to the immediate west of the Kanpur-Lucknow Road and next to the crossing there were the shops of Sushil Kumar, Suresh Chandra and Dinesh Kumar. The scene of occurrence was at a distance of 4 or 5 paces to the west of the latter box. The letter box was at a distance of 7 paces from the crossing at the Lucknow-Kanpur road. The 'Thela of Janki Chatwala was at a distance of about nine paces to the east of the crossing.