- (1.) M. C. Jain, J. The present appeal has been preferred by the appellant Munna against the judgment and order dated 23-12-1980 passed by Sri Usha Kant Verma, the then III Addl. Sessions Judge, Kanpur in ST No. 186 of 1978. He has been convicted under Section 302 IPC and sentenced to life imprisonment.
(2.) PRESENTLY, the appellant is on bail and is represented by Sri H. S. Mishra, Advocate. None appeared from the side of the appellant to argue the appeal at the revision of list. We have heard learned AGA from the side of the State in opposition of the appeal and carefully examined the record of the case, which has been summoned before us. The appeal is being decided on merits having regard to different relevant aspects of the matter. It may also be stated before proceeding further that the appellant had earlier also been convicted and sentenced to life imprisonment under Section 302 IPC for this felony. He came up in appeal before this Court and a Division Bench of this Court set aside his conviction and sentence on the ground that he could not properly defend himself as his lawyer ditched him at the last moment. The matter was remanded for retrial in accordance with law. It was under these circumstances that he was again tried and came to be convicted and sentenced by the judgment impugned in this appeal. The prosecution case was that earlier to the present incident, the appellant Munna along with Bachcha, Hirday Pandey and one more persons had assaulted Sheo Charan Lal Sahgal, PW-4 (Manager of Anupam Talkies) on 30-5-1978 at about 11. 30 a. m. , because he would not permit free entry to them or allow them to sell cinema tickets in black. He had also refused to give five tickets which they had asked for. In that incident, Kundan Lal (deceased of the present incident) was cited as an eye-witness. The appellant was asking Kundan Lal not to depose as a witness against him but he had declined to oblige him. On 13th June, 1978 also at about 2. 00 p. m. in the canteen of Anupam Talkies, he again commanded Kundan Lal not to give evidence against him. Kundan Lal was however, adamant to stand as a witness. The appellant extended a threat to him that he would also be assaulted. Kundan Lal and Sheo Charan Lal belittled him (appellant) by ridiculing his design as being beyond proportions for an insignificant fellow like him. The same night, at about midnight the appellant Munna translated his threat into reality by inflicting two stab wounds on Kundan Lal near the shop of Rama Shanker, confectioner, when after taking his meals in Prem Hotel and betel at the shop of Chhotey, he was returning to Anupam Talkies. While stabbing the appellant chided Kundan Lal that it was for his adamance to be a witness. Sheo Lal Bajpai PW- 7 (informant) was accompanying Kundan Lal at that time. He as well as Yogendra Nath and Sheo Asrey raised alarm. The appellant made his escape good towards Juhi Garha Rakhi Mandi. Sheo Lal Bajpai went to police station which was only 2- 1/2 furlongs away and lodged the FIR within 10 minutes of the incident i. e. at 00. 25 hours on 14-6-1978.
(3.) THE police reached the scene of occurrence. Kundan Lal who was till alive was taken to UHM Hospital and examined there at 1. 15 a. m. by Dr. G. K. Gupta PW-2. THE following two injuries were found on his person : (1) Incised wound 3. 75 cm x 1 cm x depth not probed, 2. 75 cm above Umblicus, eleptical in shape. (2) Incised wound 3 cm x 1. 4 cm x depth not probed on right side abdomen, 17 cm below right nipple, shape elleptical. The injuries were fresh and had been caused by sharp edged weapon.;