B.L.Yadav, N.L.Ganguly, J - (1.) Lalla, son of Prabhu Dayal, is the appellant in this criminal appeal. He has been convicted under section 302 I.P.C. and sentenced to undergo life Imprisonment in an occurrence which took place on the 16th of May, 1988, at 4.30 p.m. The report was lodged the same day at 6.30 p.m. The distance of police station from the scene of occurrence was about 4 furlongs. There was another co-accused named Subhash charged under section 302/3241 I.P.C. but he has been acquitted.
(2.) The prosecution story is that Lalla, appellant, and Subhash were on friendly terms and they were on visiting terms with Suresh, deceased, the son of the infermant Smt. Keola (P.W. 1). The appellant Lalla had borrowed Rs. 50/- from Suresh, deceased. When the latter went to demand the same, there was some scuffle. Lalla said to the deceased that he was unable to pay the money. Subhash, younger brother of Lalla, appellant, exhorted him (Lalla) to beat the deceased Suresh drive him away. Thereupon, Lalla, appellant, took out his knife and stabbed into the abdomen of suresh, deceased, who ran away to the north. Lalla chased him and gave another blow of knife which hurt in his arm. Suresh ran to some distance but fell down. Some persons reached the place of occurrence. In the meantime, two police constables arrived. They helped the informant, Smt. Keola, in carrying the injured Suresh to the hospital. Smt. Keola (P.W. 1) went to the police station and lodged the report (Ext. Ka 1). The F.I.R. was taken down under section 307. However, when the deceased died later on, it was converted into under section 302 I.P.C. The deceased was taken to U.H.M. Hospital on the 16th of May, 1978 and he was attended in Emergency Section, by Dr. H.C. Prasad (P.W. 4), at 5.05 p.m. The injured was presented before him by constable by Mumtaj Ali and Ramayan Rai. The doctor, Sri H.C. Prasad, proceeded to medically examine the patient and found the following incised wounds on his person: 1. Stitched wound 3 cm with 3 stitches obliquely in epigestrim 4 cm above the umblicus. 2. Stitched wound 15 cm. with 11 stitches on the right paramedium upper part 3. Incised wound 1/2 cm x 1/4 cm x subcutaneous tissue deep on the medial aspect of right arm in middle. 4. Surgical cut open wound 1.5 cm x 1/2 cm above the right medial Nelbeolus with long ephanoum veinlingated. The deceased made a dying declaration which was recorded on the 16th May, 1978 at 8.10 p.m. (Ext. Ka. 31). It was recorded after doctor certified that the injured/deceased was in a fit mental condition to make a dying declaration. The dying declaration was recorded by Executive Magistrate, Sri N.K. Misra. The dying declaration was proved by Dr. H.C. Prasad (P.W. 4) The Executive Magistrate wasT however, not examined. The dying declaration was recorded when the doctor certified that the injured was in a fit mental state to make the statement. Suresh died on the 18th May, 1978, at 2 p.m. in the hospital. The postmortem report was conducted on the 19th May, 1978 by Dr. V.D. Ravi (P.W. 5).
(3.) The prosecution has examined Smt Keola (P.W. 1). Dr. H.C. Prasad (P.W. 4), constable Jyotidhar Dubey (P.W. 3) Dr. V.D. Ravi (P.W. 5), Sri Abrar Ali, P.W. 6, the Investigating Officer and Dr. Dinesh (P.W. 2), Smt. Keola (P.W. 1) and Dinesh (P.W. 2) are the eye-witnesses. The learned Sessions Judge has acquitted the other co-accused Subhash and convicted the appellant, Lall, after relaying upon the prosecution case.;