DINA NATH Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Dma Nath has been convicted under Section 302 IPC and sentenced to life imprisonment by the judgment and order dated 23-5-1980, passed by Sri K.C. Singh the then 2nd Additional Sessions Judge Mirzapur in Sessions Trial No. 202 of 1978. The co-accused Prabhu Nath was acquitted of the charge under Section 302/34 I.P.C. framed against him. The convicted accused Dma Nath has preferred this appeal.

(2.) We have heard Sri P.N. Misra, learned counsel for the appellant and learned A. G.A. on behalf of the State.

(3.) The murder of one Shiv Jag alias Bode was committed in this incident on 2-7-1978 at about 5.30 PM. A written report (Ex. Ka-1) was made by Rajesh Girl, P.W. 1 the same day at 6.30 P.M. at the concerned police station Lalganj situated at a distance of one kilometre from the place of occurrence. The informant claimed himself to be an eye witness. The prosecution case was that on 2-7-1978 at about 5.30 P.M. the victim Shiv Jag alias Bode resident of village Baliha kaian had come at the informant's Tzila to meet him. At about 5.30 P.M. the appellant Dma Nath accompanied by co-accused Prabhu also came over there and asked for water. The informant provided to them a bucket and tumbler. The co-accused Prabhu brought water from the well and after taking water, the appellant Dma Nath fired with a pistol on Shiv Jag alias Bode as a result of which he fell down. The firing was witnessed by the informant Subedar-P.W. 2 and Malloo Harijan who were also present there. The appellant with the co-accused Prabhu ran towards the roadside but they were given a chase and co-accused Prabhu was arrested after being given some beating. However, the appellant Dma Nath managed to make his escape good with pistol. As Shiv Jag had sustained serious injuries, he was sent to Mirzapur Hospital on a bus where he was declared as dead. The informant took the co-accused Prabhu to the police station where the FIR was lodged by him. Initially, a case under Section 307 I.P.C. was registered and the co-accused Prabhu was admitted in police lock-up. Investigation was taken up by S.I. Bal Govind Tiwari, P.W. 6. He reached the spot at about 7 P.M. After interrogating the informant Rajesh Girl P.W. 1 he prepared site plan and collected blood stained and simple earth from the spot. At about 8.30 P.M. he reached Civil Hospital Mirzapur where he learnt that Shiv Jag alias Bode was dead and his dead body was in the mortuary. The case was then converted into one under Section 302 I.P.C. The Panchagatnanta of the dead body of the deceased was prepared by S.I. Ram Dhan Singh, P.W. 3 who was posted at P.S. Kotwali, Mirzapur where a memo had - been received from the District Hospital about the death of Shiv Jag. Investigation was concluded by S.I. Ram Ashish Yadav, P.W.8.