KISHORE KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 31-3-1980 passed by Sri S. K. Srivastava, IX Additional Sessions Judge, Bareilly in Sessions Trial No. 369 of 1979 whereby he has convicted the appellant Kishore Kumar under S. 302, IPC and under S. 25 of the Indian Arms Act. He has been sentenced to undergo life imprisonment under S. 302, IPC and to undergo 3 months rigorous imprisonment under S. 25 of the Indian Arms Act. Both the sentences have been ordered to run concurrently. One Munna alias Din Dayal was murdered in this incident on 1-5-1979 at about 2 p.m. in Mohalla Kalibari, P. S. Baradari, District Bareilly. S.I. Girish Chandra Dwivedi of P. S. Baradari and H. C. Kundan Singh of outpost Shahmatganj were returning to police station from the Court. When they reached near the 'Arhat' of Om Prakash Chandra Prakash in Mohalla Kalibari at about 2 p.m., they saw one person assaulting another with a knife. The said S.I. challenged the assailant who started running towards eastern side. He and H. C. Kundan Singh chased him and with the help of witnesses Umesh and Mangal Sen succeeded in apprehending him with blood stained knife at a distance of about 50 paces. On being questioned he gave his name as Kishore Kumar (appellant). At that very time Constable Mahendra Singh of Outpost Shahmatganj also reached there and took the injured to the hospital on the direction of S.I. Girish Chandra Dwivedi. The injured was in wounded condition and was unable to speak. S.I. Girish Chandra Dwivedi also found a bicycle belonging to the accused there. He took the accused's bicycle and the blood stained knife to P. S. Baradari where he lodged the report Ex. Ka-1 at 2-20 p.m. The accused was put up in the lock up. Investigation was entrusted to S.I. Nawab Singh (P.W. 7), who proceeded to the spot immediately and inspected it and engaged himself in investigation of the case as usual. Constable Mahendra Singh returned back from the hospital and reported at P.S. Baradari at 2.55 p.m. vide G. D. Ex. Ka-5 that the injured was declared dead. The case was then converted from S. 307, IPC to 302, IPC. S.I. Nawab Singh had reached from the spot to Police Outpost Shahmatganj at 3-30 p.m. where he learnt about the death of the deceased. Liladhar, P.W. 6 met him at Outpost Shahmatganj whom he took to the hospital Liladhar, P.W. 6 identified the deceased as his son and gave his name as Munna alias Din Dayal. Panchayatnama in the hospital was prepared by S.I. G.S. Sidhu. The statements of the witnesses were recorded by S.I. Nawab Singh and after completion of the investigation he submitted charge sheet against the accused-appellant under S. 302, IPC and 25 of the Indian Arms Act.

(2.) At the trial the prosecution examined Mangal Sen, P.W. 1, Umesh Chandra Sharma P.W. 2, S.I. Girish Chandra Dwivedi P.W. 3 and H.C. Kundan Singh P.W. 5 as eye-witnesses Dr. I.J. Punhani was examined as P.W. 4 who had conducted post-mortem over the dead body of the deceased. Liladhar, P.W. 6 (father of the deceased), S.I. Nawab Singh, Investigating Officer, P.W. 7 and H. C. Babu Ram P.W. 8 were also examined. The accused denied the prosecution case and pleaded false implication. He examined Radhey Shyam Kanchan as DW-1 and Mahesh Chandra Saxena as DW. 2. Learned Additional Sessions Judge believed the prosecution case and evidence. Accordingly, he convicted and sentenced the appellant as stated in the opening part of the judgment. We have heard learned A.G.A. from the side of the State and have carefully perused the record of the case and the evidence adduced at the trial. It deserves mention that at the time of the post mortem of the dead body of the deceased by Dr. I. J. Punhani, P.W. 4 on 1-5-1979 at 4 p.m. The following ante-mortem injures were found on his person :- 1. Incised wound 5 cm x 15 cm elliptical on the right side chest 6 cm below the right nipple. It was chest cavity deep. 2. Punctured wound 0.5 cm x 0.5 cm x bone deep on the sternum in midline. 4 cm medially to injury No. 1.

(3.) Two punctured wounds on the left side chest 4 cm x 4 cm x skin deep 15 cm below axilla 5 cm apart from each other. 3. The deceased was found to be aged about 25 years and about one day had passed since he died.