P. N. Goel, J. - (1.) ANIL Singh, youngman of 20 years, son of Darshan Singh, resident of Pukhrayan, police station Bhognipur, district Kanpur, has been convicted and sentenced under Sec. 302 IPC to undergo imprisonment for life.
(2.) FACTS constituting the motive and the manner of occurrence may be stated at some length. Jageshwar Prasad and Mahesh Prasad, natives of the town of Pukhra- yan are real brothers. Prahlad Kumar PW 1 and Keshav Kumar deceased are sons of Mahesh Prasad. Prahlad Kumar has been adopted by Jageshwar Prasad. Anil Singh appellant was fast friend of Keshav Kumar deceased. He was of a violent temperament and used to indulge in marpit. Therefore, his father sent him to his maternal grand father's place at Faizabad. However, he used to often visit Pukhrayan. Several times he had taken some money from Keshav Kumar who also used to give him out of his pocket expenses. At the time of Diwali festival in the year 1971 Anil Singh asked Keshav Kumar to arrange for a sum of Rs. 2500/- because he wanted to purchase a revolver. He even extended threat to him that if he did not get the said amount by 14-11-1977, he would kill him. On 14-11-1977, Divya Jaycees Club arranged a Bal Mela and cultural programme on the occasion of the birth day of Pt. Jawahar Lal Nehru in Government Normal School. Keshav Kumar and Anil Singh came there. It is alleged that Anil Singh took away Keshan Kumar from the Mela into the verandah of Dr. Daya Shanker Dwivedi at the back of the place of the fair, demanded money from him and on refusal, not only rebuked him but also severely assaulted him with a knife. On Receiving injuries Keshav Kumar could walk a few steps and fell down in a Nali. Just a little latter Keshav Kumar expired near Khazanchi Hotel. This hotel is at a very short distance from the verandah in which the deceased was assaulted. Police Station Bhognipur is 2 miles from Pukhrayan. Prahlad Kumar wrote a report of the occurrence at his house and went to the police station along with Ramesh Chandra Dubey DW 1 and lodged the report at 9.15 P.M.
(3.) SRI Kushal Chand Tripathi, S. I. In charge Police Station immediately entered upon investigation. He reached the scene of occurrence at 9.45 P.M. He found dead body of Keshav Kumar lyiing on a bench in front of the house of Prahlad Kumar. He held inquest on the dead body and handed it over to Aley Hasan constable (PW 10 ) at 11.30 P.M. for postmortem examination. Then he interrogated the witnesses between 0.50 hours and 5-45 A.M. of 15-11-1977. Then he inspected the site and prepared site plan Ex. Ka. 13. On 15-11-1977 at 2.30 P. M. Dr. K. C. Mathur (PW 5) Medical Officer, K P. M. Hospital Kanpur, conducted postmortem examination on the dead body of Keshav Kumar. He was aged about 20 years. Eight antemortem injuries indicated hereunder were found :- (Injuries discussed-Ed.);