- (1.) This criminal appeal has been preferred against the judgment and order dated 12.1.1983 passed by Vth. Additional Sessions Judge, Agra in Sessions Trial No. 206 of 1982, convicting the accused under Section 302 I.P.C. and sentencing him to undergo life imprisonment.
(2.) The prosecution case in nut shell is that an F.I.R. was got lodged by Jai Gopal (P.W.1) on 14.12.1981 at Police Station New Agra by stating that he is originally resident of Hanumangarhi, Hathras but presently residing in Mohalla Peepal Mandi, Police Station Chatta with his brother in law Ram Briksha Chimniwale; that he had friendship with Ahsok Kumar s/o Hari Shankar Sharma (deceased), resident of Peepal Mandi; that Vijai Nandan Srivastava- appellant was a tenant of Ashok Kumar and had not given rent for about seven months; that the house was kept locked by him though he was not residing therein and was residing in a rented house in Saraswati Nagar, Balkeshwar; that on the day of incident i.e. on 14.12.1981 at about 5.30 p.m. he along-with Ashok Kumar, Padam and Kali Charan went to the house of Vijai Nandan Srivastava to get the rent and key and when they reached at the door of his house he came out. Ashok Kumar demanded the rent and key from him but he asked "which rent and which key" and started abusing. Ashok Kumar too abused him on which Vijai Nandan Srivastava stabbed in his left side chest by knife and thereafter he ran away towards his house. Ashok Kumar fell down in the lawn and succumbed to the injury sustained. On their shouting people of nearby and police personnel came there. Vijai Nandau Srivastava was caught by the police . On this information an FIR (Ex Ka 2) bearing case crime No.509/81 under section 302 I.P.C. was registered against accused appellant Viajy Nandan Srivastava by PW 1 Constable Krishna Baboo Chauhan. Entry in G.D. was also made by him. Investigation was entrusted to Inspector Baljit Singh (P.W.7). He reached on the spot, prepared site plan Ex. Ka 9. On the pointing out of the accused-appellant recovery of knife was made from his house and Fard Ex. Ka 2 was prepared. He also took blood stained and plain mud from the spot and and prepared fard Ex. Ka-8. Inquest of deceased was also conducted by him. Clothes recovered from the dead body, knife, sample of blood stained and plain mud were sent for chemical analysis thereafter. Dead body was sent for postmortem through constable Mahipal Singh PW 3. Dr Sudhir Chandra PW 9 conducted post mortem on the dead body of deceased. As per chemical analyst report, on all the articles there was human blood, however, blood group could not be ascertained on account of having been disintegrated. He also recorded the statements of the witnesses. After concluding investigation he submitted the charge-sheet against accused appellant under section 302 I.P.C. Learned Magistrate concerned committed the case to the court of sessions, where charge under Section 302 I.P.C. was framed against accused appellant, who pleaded not guilty and claimed trial.
(3.) In order to bring home the charge of murder against appellant the prosecution has examined nine witnesses. P.W.1 Head constable 280 Mahi Pal Singh is the witness who after being relieved from the V.I.P. duty was going with constable Kamlesh Kumar . Hearing the shouting he had rushed to the spot just after the incident. He had caught the accused from his house. P.W. 2 Padam Chandra Sharma is the brother of the deceased. He is examined as eye witness. P.W. 3 Constable 1324 Mahipal Singh had taken the dead body of the deceased in sealed cover to the Post Mortem House. . P.W. 4 Jai Gopal is the first informant. He has also deposed an eye witness account of the incident. P.W. 5 Narendra Singh is the witness of recovery of knife at the instance of the accused-appellant. P.W. 6 Kali Charan was also produced as an eye witness of the occurrence. P.W. 7 Baljit Singh is the Investigating Officer who had conducted the investigation and submitted the charge-sheet. Constable Krishna Baboo Chauhan P.W. 8 is a witness who had made the G.D. Entry and lodged F.I.R. against the accused-appellant. Dr. Sudhir Chandra P.W. 9 is a witness who conducted post-mortem on the dead body of the deceased. He has proved the post mortem report Ex. Ka 16.;