M. M. Gupta, J. - (1.) ON 12th September 1978 at 1.30 A. M. one Surya Prakash son of Chunni Lal resident of village Kara within the Police Circle Bhojipura in district Bareilly was brought by some persons at the Primary Health Centre, Fatehganj. He had a number of serious gaping stab injuries on his body. Dr. I. B. Gupta who was the medical Officer -in -Charge of the Primary Health Centre, Fatehganj immediately sent information of that Surya Prakash son of Sri Chunni Lal aged about 24 resident of village Kera in Bareilly district was brought to the Primary Health Centre with grievous injuries and his condition was serious. This intimation reached the Police Station through the Chowkidar of the village Suresh Kumar and its record in the General Diary of the Police Station was made at 1. 37 A. M. Sri Hari Singh Sharma, Station Officer, immediately proceeded towards the Primary Health Centre, Fatehganj, on Motor Bicycle. When he was half way between the Primary Health Centre and the Police Station he saw an Ambulance going towards Bareilly. He stopped the Ambulance and found Surya Prakash being taken to Bareilly by Dr. I. B. Gupta and Dr. P. E. Gangwar, who was also attached to the same Primary Health Centre. Sri H. S. Sharma S. O. immediately recorded the Statement of Surya Prakash under section 161 CrPC. That statement was recorded by him at 1.55 A.M. While he was recording that statement the condition of Surya Prakash deteriorated and he noted in it: "Majroob Ke Munh Se Ulti Khoon Ki Aayee. Majroob Ne Swyam Kaha Tatha Choton Men Dard Jyada Hona Bataya. Atah Jyada Aur Pooch Tachh Is Samaya Mumkin Nahin Hai." Thereafter he made a request to Dr. I. B. Gupta to record the dying declaration of the deceased and went back to the Police Station. After that Dr. I. B. Gupta recorded the dying declatration, which he claims to have recorded at 1.45 P. M. and the dying declaration recorded by Dr. I. B. Gupta disclose that the deceased was going on a motor bicycle from Fatehganj to see the Dhuja fair in Agrass. ON another motor-bicycle Shampoo alias Surendra Pratap Singh on 11-9-1978 at about 10 P. M. and Subhash were going towards village Agrass to see the Mela of Dhuja. When Surya Prakash was between village Kurtara and Agrass near a grove Surendra Pratap Singh alias Shampoo son of Bhanu Pratap Singh gave him knife injuries and Subhash remained standing there. The Ambulance proceeded to the.District Hospital Bareilly. Throughout the journey Surya Prakash was accompanied by Dr. I. B. Gupta and Dr. K. P. Gang- war. The dying declaration! recorded by Dr. I. B. Gupta is Ex. Ka 5 on the record.
(2.) AFTER Surya Prakash was admiitted in the District Hospital, Bareilly his injuries were examined by Dr. P. K. Bass PW 3 on 12-9-1978 at 2.40 A.M. He found the following injuries on his person :- "1. Incised wound 3 cm x 1 cm on right side and outer aspect 11 cm away from umbilicus at 3 O'clock. Wound not probed. Omentum coming out fresh bleeding. 2. Lacerated wound 4 cm x 2 cm x muscle deep on front of left forearm 4 cm above wrist. The examination of other injuries was deferred as condition of Surya Prakash was very serious. The injuries were kept under observation. Injury no. 1 was caused by short weapon while injury no 2. was caued by blunt weapon. The injuries were fresh at the time of their examination. On 12-9-1978 Dr. P. K. Bass obtained the services of Sri S. B. Singh. Magistrate First Class for recording the dyingg declaration of Surya Prakash at 2.30 P. M. The dying declaration was recorded after Dr. P. K. Bass had certified about the fit mental condition of Surya Prakaslh for his dying declaration. That dying declaration recorded by Sri S. B. Singh PW 1 is Ex. Ka-2 on the record. According to that statement on the night of the occurrence at about 10 P. M. he was going from Fatehganj towards Agrass on a motor-bicycle. Surendra Pratap Singh alias Shampoo appellant and one Janardan Puri were also going on a motor-bicycle. One Deoki Nandan was also accompanying Surya Prakash on the motor-bicycle. When they reached the culvert of village Kurtara, Shampoo appellant asked him to lit his cigarette. As he stopped he started stabbing him with a knife. When he was stabbing him Janardan Puri had caught hold of his hands. No one else came on the scene. He belonged to the Janta Party while the appellant belonged to the Congress Party. There was only political animosity between the two and there was no other motive for committing his murder. The appellant is the son of a former Member of the U. P. Legislative Assembly. Sri H. S. Sharma continued the investigation He went to the Primary Health Centre, Fatehganj and recorded the statement of Suresh Kumar Chowkidar. He also examined the emergency Register of the Primary Health Centre. At about 3.15 A. M. on 12-9-1978 he reached the scene of occurrence. He left two Police Constables to watch the site of the occurrence. He proceeded to the Mela of Dhuja in village Agrass and found Dinesh Singh S. I. on duty. He informed him that he had seen Shampoo appellant in the Mela at about midnight with blood stained clothes. He recorded his statement. Me went back to the scene of occurrence at 7.30 A. M. He examined the scene of occurrence and prepared the site plan. He took the blood stained asphalt portion of the road and unstained portion of it and sealed them separately. He also found torn blood stained shirt lying on the scene. He took it in his possession. He also found the motor bicycle U. T. I. 172 and also took it in his possession. Thereafter he proceeded to the Primary Health Centre and recorded the statement of I. B. Gupta at 5 P. M. on 12-9-1978. On 13-9-1978 he obtained the copy of the dying declaration recorded by Sri S. B. Singh. On 16-9-1978 Surya Prakash succumbed to his injuries at 7.10 P. M. The inquest report and the diagram of the dead body were prepared by S. I. Jairaj. The body was sealed and was sent for postmortem. The post-mortem was performed by Dr. A. K. Pandey on 17-9-1978 at 4.15 P.M. According to Dr. A. K. Pandey the deceased was aged about 24. He had found the following antemortem injuries on his body:- * * * * Injuries nos. 2, 4 and 7 were caused as a result of operations conducted by the surgeon. Death in the opinion of Dr. A. K. Pandey, was due to shock and haemorrhage on account of the antemortem injuries.
(3.) THE appellant surrendered In court on 19-9-1978. He again recorded the statement of Dr. I. B. Gupta on 28-9-1978. He again recorded the statement of Deoki Nandan on 6-10-1978. Sri Hari Singh Sharma was transferred on 2-11-1978. THE investigation thereafter was continued by S.I. Om Prakash Singh who submitted the charge-sheet against the appellant and Subhash on 3-11-1978. The appellant Sampoo alias Surendra Pratap Singh denied having committed the murder of the deceased. He claimed that his father was a Congress M. L. A. and was also formerly a Deputy Minister. The deceased Surya Parkash was connected with the Jan Sangh. There ware strained relations between them. Dr. Om Prakash is the brother of Surya Prakash deceased. Sri Chunni Lal is their father. Dr. Om Prakash practices medicine in his house in Lodinager. He is very friendly to Dr. P. K. Gangwar. Both are also related to each other. Both of them had got very intimate friendship with Dr. I. B. Gupta. They had very good relations with the police of the Police Station Fatehganj. Constable Om Prakash had fired at one Bhairo Prasad. His father Bhanu Pratap Singh had accompanied Bhairo Prasad to the Police Station for lodging the report against Constable Om Prakash. Constable Om Prakash was suspended and a case under section 307 IPC was registered against him. In 1972 the: ornaments belonging to the daughter of Ram Chandra Gupta were stolen. The matter was reported at the Police Station but the police took no action against the culprits. Purushottam Gupta, son-in-law of Ram Chandra Gupta, had made several applications against the police authorities of Fatehganj. The Circle Offier had made enquiries against Sri Hari Singh Sharma and Om Prakash Sharma S. I. His father had supported Ram Chandra Gupta in his allegations against the police. The police was highly inimical against him. He was, therefore, falsely implicated. Since Subhash was acquitted by the court below it will be quite unnecessary to mention his defence.;