- (1.) G. Malaviya, J. This appeal has been preferred by Nanak who was convicted under Section 302, Indian Penal Code and was awarded life imprisonment in Sessions Trial No. 567/1978 by the judgment and order dated 7-5- 1979 passed by IIIrd Additional Sessions Judge, Bulandshahr.
(2.) THE First Information Report dated 23-8-1978 lodged by one Jai Pal Singh at police station Chandpur at 6. 15 p. m. mentioned that one Prakash had opened a shop in the village Panchayatghar where undesirable activities had started. This was resented by Bhavi Chand s/o Ram Singh Jatav of the village and the shop at Panchayatghar was got closed. Since then Prakash had a grudge against Bhavi Chand. On the day of the report Bhavi Chand, who was blind, was going towards the east of the village in the fields along with his nephew Man Singh at about 2. 30 p. m. to ease himself. When he reached the miaze fields of Allah Mehar, Prakash along with Nanak appellant arrived. Prakash was armed with a Farsa and Nanak appellant had a knife. Immediately after arrival Prakash said "you blind man you have got my shop closed at Panchayatgahar for which today you would have a lesson". Saying this both Prakash and Nanak started inflicting Farsa and knife injuries on Bhavi Chand. On the alarm raised by Bhavi Chand and Man Singh informant Jaipal as also Chhotey Lal, Anwar and Mahabir of his village as also many other persons arrived there who saw the incident. After killing Bhavi Chand both Nanak appellant and Prakash fled away towards the east. Leaving the dead body in the care of the village people, the informant had come to the police station to lodge the report on which necessary action be taken. On the basis of this First Information Report a chik was prepared by PW 6 Hariya Singh. Investigation was taken up by PW 7 Sangram Singh who reached the place of the occurrence after recording the statement of the first informant at the police itself. At the place of the incident itself the Investigating Officer recorded the statement of Anwar Ali, Chhotey Lal and other persons. He could not prepare the inquest on the same day due to darkness. However he completed all the formalities on the next day whereafter he sent the dead body for post mortem examination. He tried to arrest the accused persons who were not available. Consequently he recorded their statement in jail on 9-9-1978 where after he submitted the charge-sheet. The post-mortem on the body of Bhavi Chand was conducted on 24-8-1978 at 4 p. m- by PW 4 Dr. G. N. Srivastava. He found two incised wounds on the top of the head of the size of 5" X 1 1/4" and 3 1/2"x 1 1/2"x bone deep cutting the bone. He also found there stabbed wounds of 2 1/2 X 1 1/2" and 1 1/2" X 1/2" in the abdomen middle part lateral to umblicus, on the lateral part of the right neck and over upper left back region respectively. In the opinion of the doctor these injuries were sufficient in the ordinary course to cause death.
(3.) AFTER the charge-sheet was submitted in the court, the accused denied the charge whereafter he was tried. The prosecution examined PW 1 Jai Pal Singh, PW 2 Anwar Ali and PW 3 Chhotey Lal as eye- witnesses. Out of them Jaipal Singh turned hostile. Other witnesses examined in the case were formal. The learned Sessions Judge, on the assessment of evidence, found the case against the accused persons proved with the result that he found both Prakash and Nanak guilt under Section 302, Indian Penal Code and awarded them life imprisonment. Against their conviction both the parties have preferred separate appeals. Prakash's appeal being Criminal Appeal No. 1528/1979 has been abated by this court on 19-1-1994 in view of the report of Chief Judicial Magistrate that he has since died. In this appeal of Nanak we have heard Sri R. P. Tripathi in favour of the appellant as also learned counsel for the State.;