- (1.) Under challenge in the instant appeal is the judgment and order dated 13.3.2012 passed by learned Additional Sessions Judge, Court No. 1, Ramabai Nagar, in S.T. No. 467 of 2002, arising out of Case Crime No. 64 of 2002, Police Station Ghatampur, District Kanpur Nagar, whereby present appellant Kapure Singh was convicted for the offence under Section 302 I.P.C. and was sentenced to undergo imprisonment for life and also with fine of Rs. 10,000/-/. However, by the same judgment, accused Puttan Singh alias Ram Lakhan was acquitted of the charges levelled against him.
(2.) Abridged facts of the prosecution case, as disclosed in the F.I.R., are that complainant Vijay Pratap Singh, who happens to be the son of the deceased Anant Singh, lodged an F.I.R. at Police Station Ghatampur on 11.2.2002 at 23:00 hours alleging therein that on 11.2.2002, he along with his father and his maternal uncle Rajendra Singh were sitting at the door of his house and were involved in conversation. In the meantime, appellant Kapure Singh, armed with a knife, along with his co-accused Puttan Singh reached there and addressing to the deceased Anant Singh abused him and said that he is the person, who is an obstacle in his marriage and with an intention to kill him, gave a blow of knife on the abdomen of the deceased. Anant Singh fell down on the place of occurrence. Hearing the cries, Mahesh Chandra and Bhola Singh and other persons of the village reached there and have seen the appellant and Puttan Singh running away towards east. The incident is alleged to have taken place at 7:00 p.m. thereafter the complainant along with his father went to the police station and lodged the F.I.R. of this case. Injured Anant Singh was immediately referred for his medical examination, which took place on the same day at 11:30 p.m. at C.H.C. Ghatampur and following injuries were found on his body:- (i) Incised wound 3.5 c.m. x 0.7 c.m. x cavity deep on right side of abdomen 3.5 c.m. away to illiac crest (R) and 20 c.m. from umbilicus, margins were clean cut and fresh, bleeding was present. X-ray was advised. (ii) Abrasion 1.5 c.m. x 1 c.m. on anterior aspect of nose, 3 c.m. below to root of nose. (iii) Abrasion 1 c.m x .5 c.m. on anterior aspect of left leg 2 c.m. below left knee joint. In the opinion of doctor injury no. 1 was caused by sharp edged object and it was kept under observation and patient was referred to U.H.M. Hospital, Kanpur for x-ray and expert management. Rest were caused by friction and were simple in nature. Duration of injuries was fresh.
(3.) After registration of the case, investigation proceeded. The Investigating Officer went to the place of occurrence and inspected the same. During the pendency of the investigation, injured Anant Singh succumbed to the injuries on 17.7.2002 at Regency Hospital Kanpur and his inquest proceedings were conducted there on the basis of the memo sent by the Hospital to the Police Station Kakadev, Kanpur. The postmortem on the body of the deceased took place on 17.7.2002 at 12:40 p.m. and following injuries were noted in the postmortem report:- (i) Surgical stitched wound 26 c.m. x 25 stitches present at mid-line. Abdomen underlying stitched wound peritoneum cut not repaired. (ii) Stab wound size 3 c.m. x 2 c.m. on left side 2 c.m. below to left lower ribs. (iii) Stitched stab wound size 3 c.m. x 2 c.m. on the right side of abdomen 11 c.m. below right lower ribs. (iv) stitched wound one with two stitches present 1 c.m. below from the lower ribs. (v) Stitched wound 1 c.m. with one stitch just below injury no. 4. (vi) Stitched wound 4 c.m. 2 stitches present 5 c.m. below injury no. 5. Note: One surgical towel and two surgical packing found present in the abdomen cavity. Peritoneum was cut underlying surgical incised wound no. 1 and around. The cause of death was due to hemorrhage and shock as a result of ante-mortem injuries.;