- (1.) M. C. Jain, J. The State has come up in appeal against the judgment and order passed by Sri C. P. Singh, the then VI Addl. Sessions Judge, Agra on 17-7-1981 in Sessions Trial No. 618 of 1979, acquitting the accused respondent Nandu alias Nand Kishore of the charges under Sections 302 I. P. C. and 4/25 of Indian Arms Act.
(2.) THE incident took place on 26-4-1979 at about 9. 15 p. m. in Mohalla Nagla Prithvi Singh, P. S. Shahganj, District Agra. THE F. I. R. was lodged on 26-4-1979 at 9. 30 p. m. by Babu Nath. THE deceased was Ram Gopal. THE incident occurred at the spur of the moment on account of trifle grievance over the purchase of certain articles from the shop of Mohan Sindhi running a grocery shop in Mohalla Nagla Prithvi Nath. THE complainant Babu Nath (brother of the deceased) and his brother Ram Gopal (deceased) as also Vedu, Sala of the deceased, had gone for making purchases of certain articles from that shop. At that time, some other customers were also present there. Mohan Sindhi was transacting his business with his customers. Ram Gopal asked Mohan Sindhi to give him Boora worth Re. 1/ -. Nandu accused claimed priority from the shopkeeper for the purchase of Namkeen as ordered by him. Ram Gopal insisted that he was present there since before his arrival and he deserved to be given priority and that he would take the article demanded by him first. Nandu was equally adamant in claiming preference. Hot words were exchanged between the two. Ram Gopal asked Nandu not to abuse him in filthy words. Instantaneously, Nandu took out a knife and gave a blow to Ram Gopal in his chest. Receiving the injury, Ram Gopal dropped on the ground. Vedu, brother-in-law (Sala) of Ram Gopal, tried to apprehend Nandu but he was also given a knife blow by him (Nandu) in his abdomen. THEre was sufficient light of electricity at the spot illuminating the scene of occurrence and the area around it. THEre were other shops also which were open at that time and business was being transacted there. Witnesses Mankay, Govind Ram, Kalu and others raised alarm and chased Nandu who took to his heels and made his escape good. Both the injured were lying on the road with profused bleeding. THEy were taken to the police station on a rickshaw. Babu, real brother of Ram Gopal, accompanied them to the police station. THE report of the incident was lodged and the case registered. THE injured Vedu and Ram Gopal were sent to the District Hospital, Agra through police constables. Dr. S. P. Mishra, P. W. 2 examined the injuries and prepared the injury report on 26-4-1979 at 9. 45 p. m. THE injury sustained by him was stab wound 3/4" x 1/2", depth could not be probed due to haemorrhage, on the front of left side chest, 4" below and inner to left nipple and 1-1/2" outer to mid line of the chest. It could have been caused by knife. X-ray was advised and injury was kept under observation. Duration was fresh. All the efforts to save the life of the victim did not yield fruitful result and he eventually succumbed to his injury at about mid-night intervening between 30-4-1979 and 1-5-1979 in Sarojini Naidu Hospital, Agra. Ram Gopal died as a result of injury sustained by him while he was on his way to the hospital. The investigation followed.
(3.) THE post-mortem over the dead body of Vedu was conducted on 1- 5-1979 at 4. 30 p. m. by Dr. L. N. Sharma P. W. 8 and that on the body of Ram Gopal by Dr. S. C. Srivastava on 27-4-1979 at 3 p. m. Suffice it to say that both had sustained stab wounds which were responsible for their death. THE accused was arrested by the Investigating Officer on 27-4-1979 at 3. 30 p. m. at Bodla Crossing. On search, a blood stained knife was recovered from his person which was sealed on the spot. The defence of the accused was of denial and of false implication. He also denied the recovery of knife from him. According to him, S. O. Onkar Singh had challaned his father several times against which he had protested. He had told the S. O. that he would report his highhandedness to the higher authorities. The S. O. took ill of it and threatened that he would see him. He was, thus, falsely implicated in this case.;