- (1.) This Criminal Appeal has been filed by the appellant Uma Shankar against the judgment and order dated 25.8.1986 passed by the District & Sessions Judge, Kanpur Dehat in Sessions Trial No. 124 of 1985 State Vs. Uma Shankar, under Section 302 IPC, Police Station Bhognipur, district Kanpur Dehat whereby the accused appellant has been found guilty of the offence under Section 302 IPC and has been convicted and sentenced for life imprisonment.
(2.) The prosecution story in a nut shell is as follows : On 17.3.1986 a written report scribed by one Taresh Kumar and signed by informant Jokhey Lal was lodged at the Police Station concerned mentioning therein that deceased Prem Shankar's wife's sister had married the brother of the accused Uma Shankar namely Vijay Shankar. Deceased Prem Shankar and accused Uma Shankar both were cousins. Vijai Shankar at that time used to live in Delhi for earning his livelihood. On 16.3.1986 the deceased had come at Pukhraya. The accused, Uma Shankar, who is the nephew of the informant, then asked the deceased as to whether or not he had sent a letter to his brother Vijai Shankar regarding sale of the house, and it was also alleged by the accused that in fact the house has not been sold. On this issue they used abusive language against each other. On 17.3.1986 deceased Prem Shankar was sitting on the chabutara (a platform in front of the house) of Girdhari in the same mohalla. At about 2.30 P.M. the accused Uma Shankar keeping with him a Gupti (a concealed pointed weapon said to have been used in commission of the offence) came out from his house and started abusing the deceased and questioned him "why you have sent a false letter to his brother" and cuddled the accused. Seeing this the informant, Ganga Ram son of Bhadai and Satyanarain son of Chottey Lal objected where after the accused Uma Shankar caused injury with the use of Gupti in the left side of the chest which injuries traveled upto the back side of the chest also. Deceased fell down and died on the spot. Accused Uma Shankar tried to flee away but Mohan Lal and Mukesh also reached there. All the persons stated to be present there apprehended the accused along with the Gupti on the spot and made him sit near the dead body. The first information report was lodged and a request was made to take necessary action. The written report Ext. Ka-3 is on record. On the basis of the written information, F.I.R. was lodged at Police Station concerned on 17.3.1986 at 5.15 P.M. against the accused for the offence under Section 302 IPC which is Ext. Ka-15 on the record. The information was also entered in the G.D. as report no. 27 on the same day . Carbon copy of the same was prepared that is Ext. Ka-16. Police reached on the spot and took the accused and the Gupti in custody and prepared a recovery memo before the witnesses which is Ext. Ka-2 on record. Police also took the blood stained T shirt before the witnesses from the body of the deceased and kept it in a sealed cover. The recovery memo of the same is Ext. Ka-10. Police also took plain and blood stained earth and prepared memo which is Ext. Ka-11.
(3.) The police party also prepared an inquest report on the same day which is Ext. Ka-4 on record and the dead body was kept in a sealed cover. Photo lash is Ext. Ka-5. Letter to R.I. is Ext. Ka- 6, 7 and 9. Post mortem report prepared after performance of the post mortem on 18.3.1986 at 2.30 P.M. at the morturary, is Ext. Ka-1. Police during investigation also prepared the site plan Ex. Kat.-13. After recording the statement of witnesses and completing the formalities charge sheet was filed against the accused Ext. Ka.-14.;