- (1.) MAITHLI Sharan, J. This criminal appeal arises out of the judgment of convic tion and sentence passed by VIII Addl. Ses sions Judge, Lucknow on 13-2-1985 in Ses sions Trial No. 152 of 1982, convicting the accused- appellant Happu for an offence under Section 304, Part I of the Indian Penal Code and sentencing him to imprisonment for life.
(2.) THE prosecution case, in brief, runs thus : In the night at about 10. 30 p. m. on 10-10-1981 the deceased Ram Chandra who was rickshaw puller, was inside his house alongwith his wife Smt. Tara, who was clean ing utensils ; outer door of the house was closed. Meanwhile two persons, out of whom one was accused-appellant Happu and other was unknown came to the deceased's house and knocked at the door. THE deceased Ram Chandra opened the door and then the appellant Happu alongwith the unknown persons, who was later identified to be one Shakil, were seen the accused was having knife in his hand. THE accused-appellant Happu and Shakil threatened the deceased Ram Chandra, and abusing him they caught hold of him and 'dragged him to some place. THEre was hue and cry in the house and then Smt. Tara, the wife of the deceased Ram Chandra, raised alarm and cried for help. Accused-appellant Happu inflicted knife injury on the thigh region of Ram Chandra, as a result of which he fell down. THE appellant Happu and the other accused Shakil thereafter ran away, but they were identified by the witnesses who had by then reached over there. THE injured Ram Chandra was immediately taken to the Civil Hospital, Lucknow where he was examined by Dr. VP. Singh and he found two injuries on the person, the first injury was an incised wound 8 cm. x 1 cm. x bone deep on the front of the right thigh. THE dying declaration of injured Ram Chandra could not be recorded as he was not found fit to give such a declaration. Later in the night at about 1. 10 a. m. he died. Ram Chandra-deceased's wife Smt. Tara thereafter went to the Police-Station and lodged the first information report. The autopsy was done on the dead body of Ram Chandra, the next day. The police started investigation in the case, site-plan was prepared and the inquest report was also prepared, and the sample of bloodstained earth was seized. The accused-appellant Happu was arrested and on the information given by him bloodstained knife, by which the injury on the deceased Ram Chandra's thigh was inflicted, was discovered and it was seized and sealed by the police. The Investigating Officer also recorded the statements of the witnesses, and after completing the investigation in the case charge- sheet was filed in the court. The learned Addl. Sessions Judge framed charge for the offence under Section 302i. P. C. against the accused-appellant who pleaded not guilty and claimed to be tried.
(3.) TH"e prosecution led evidence and examined nine witnesses to prove its case. THe appellant Happu in his examination under Section 313, Cr. P. C. stated that he had been falsely implicated in this case on account of enmity. The learned trial court after the complete appraisal of the evidence adduced by the prosecution and the other material available on record came to the conclusion that it was proved beyond doubt by the prosecution that the case was covered under Section 304 (Part I) of the Indian Penal Code as the death of Ram Chandra was proved to have been caused by the accused-appellant Happu who was aware that he was causing such bodily injury by the knife which was likely to cause the death, and Ram-Chandra did die as a result of such bodily injury. Thus, the learned Addl. Sessions Judge convicted the accused- appellant for an offence under the said Section 304 (Part-I) of the Indian Penal Code and sentenced him to imprisonment for life. Being ag grieved by the judgment of conviction and sentence the accused Happu has preferred this appeal.;