BIHARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dated 4-3-1994 passed by the Sessions Judge, Sitapur convicting the accused-appellant under Section 302, IPC and sentencing him to Imprisonment for Life in connection with an incident which allegedly took place on 21-5-1992 at about 9 a.m. in village Bari, P.S. Reosa, District Sitapur.

(2.) Accused appellant Bihari is the son of Jodhey deceased and complaint Mani Ram (PW 1) is another son of deceased Jodhey. It is said that Mani Ram as well as Bihari were living in separate portions of the same house and deceased Jodhey used to live with Mani Ram. It is said that Bihari, appellant was not having good character and therefore, often quarrel used to take place between him and Jodhey (deceased). It is said that just two or three days before the incident, one Dhoti and one Katori had been found missing from the house of Jodhey (deceased) and therefore, Jodhey had scolded Bihari in this respect in anger. It is said that Bihari then started abusing Jodhey and on this some quarrel took place and upon this Bihari gave a 'khurpa' blow causing injuries on the hand of Jodhey. It is said that PW 1 Mani Ram also reached there and both Jodhey and Mani Ram snatched the khurpa from the hand of Bihari. Bihari then, went into the house, came with a Kudal and saying that he will finish Jodhey, gave a Kudal blow in the stomach of his father Jodhey. An alarm was raised and on hearing the alarm, several persons reached there but the accused ran away along with the 'Kudal'. It is said that a written report scribed by Ramesh Chandra (PW 3) was lodged at the Police Station Reosa on the same day at about 10 a.m. PW 2 Head Constable Virendra Singh Bhadauria registered the case and prepared the chik report etc. and made entries in the G.D. The injured Jodhey was sent to P.H.C. Reosa for medical examination, wherefrom he was referred to District Hospital, Sitapur. It is said that Jodhey died in the way and therefore, the case was converted under Section 302, IPC. As there was no Sub Inspector present at the Police Station, at the time of lodging of the F.I.R., therefore, the papers were sent to PW 10 S.I. Ramesh Chandra Sharma who after receipt of the papers immediately went to P.H.C. Reosa and recorded the statement of Mani Ram as well as Jodhey. He also recorded the statements of the other witnesses and prepared site plan Ext. Ka. 16. He also made a search of the house of accused Bihari and recovered one Kastori and Dhoti from there and prepared recovery memo Ext. Ka. 17. It is said that thereafter, the investigation was taken up by PW 6 S.O. Ashok Singh who recorded the statement of Gyani and arrested the accused on 25-5-1992. As S.O. Ashok Singh was also transferred therefore, the investigation of this case was handed over to S.O. R.P. Singh who after completing the investigation submitted the charge sheet Ext. Ka 5 on 14-8-1992 against the accused. It is said that Jodhey (when he was in injured condition) was examined by Dr. O.P. Verma (PW 11) at P.H.C. Reosa on 21-5-1992 at 10.50 a.m. and he found the following injuries on the body of injured Jodhey :- 1. An incised wound of 5.5 cm x 1.5 c.m. x muscle deep on the right side of abdomen 3 cm below the right costal margin with fresh bleeding present. 2. An incised wound of 20 cm x 0.3 cm x skin deep on medial side of left forearm 6 cm below the elbow. Bleeding absent.

(3.) The doctor had also mentioned that the injuries Nos. 1 and 2 were simple, caused by sharp object and were about 4 hours old. The injury report is Ext. Ka 19.