M.M.Gupta, J. - (1.) Munna alias Pratap Singh and Jhallu appeal against their conviction under,S. 302 read with Section 34, IP.C. and sentence of imprisonment for life.
(2.) According to the prosecution case one Deshraj Singh Bhadoria, who was a reader to Judicial Magistrate, Orai, had gone on 23rd March, 1979 to Tahsil Pukhrayan in District Kanpur. After his work in Tahsil Pukhrayan he was returning to Orai by 106 Kanpur Jhansi Passenger holding a valid railway ticket. The train reached. Kalpi station at about quarter to nine in the night but it was detained at Kalpi as another train from the opposite side had to cross it. Deshraj Singh Bhadoria who was travelling in this train got down at the platform during that interval. The train steamed off at 9-28 P. M. The passengers started getting inside the compartment. Deshraj Singh Bhadoria was also trying to enter the compartment. While he was on the footboard he was stabbed by some one in the abdomen and he fell down inside the compartment. He was also stabbed by two other persons. The train stopped after the chain was pulled for a few minutes. Deshraj Singh Bhadoria was taken down at the platform and the train again steamed off. The information of the occurrence was communicated to Sri K. R. Varamjani, Assistant Station Master on duty. He sent a memorandum to the Station Officer, G.R.P, at Kalpi mentioning that one passenger named Deshraj Singh Bhadoria, Reader to Judicial Magistrate, Orai, holding ticket No. 74481 II O.X. PHN to Orai was stabbed by some one in the right side of abdomen by 106 Up, first aid rendered and sent to M.O. Kalpi with G.R.P. constable on duty for treatment and for necessary action. This communication was sent at 9-30 P. M. 2A. Deshraj Singh Bhadoria was taken to Kalpi Hospital where his injures were examined by Dr. L. R. Quraishi on 23-3-1979 at 10-15 P.M. He found the following injury on his person: 1. Incised wound over right side of abdomen 19 cm away from the umbilicus size 5 1/2 cm. x 1 1/2 cm. probe not done, with swelling on the post aspect of the wound size 4 x 3 cm.
(3.) The injury was kept under observation and X-ray was advised. The injury was fresh at the time of the examination.;