K.S.Rakhra, R.K.Rastogi - (1.) -This is an appeal under Section 374 (2), Cr. P.C. against judgment and order dated 1.10.2004 passed by the Addl. Sessions Judge, Court No. 1, Kanpur Nagar, whereby he convicted the appellant and sentenced him to undergo life imprisonment and to a fine of Rs. 2,000 under Section 302 I.P.C. in Sessions Trial No. 320 of 2003, State v. Dinesh Kumar Nigam and also rigorous imprisonment for two years and a fine of Rs. 1,000 under Section 25, Arms Act in S.T. No. 321 of 2003, State v. Dinesh Kumar Nigam.
(2.) ACCORDING to prosecution, one Prem Narain Misra, Commercial Officer, Telephone Exchange, was posted at Krishna Nagar Branch of the Exchange. He was to handle and dispose of applications with regard to grant of licence for running a P.C.O. Dinesh Kumar Nigam had moved an application on 10.6.2002 for grant of licence but the licence had not been issued till the date of incident, i.e., 30.9.2002. It is alleged that on 30.9.2002 Dinesh Kumar Nigam had gone to Krishna Nagar Exchange to contact Sri P. N. Misra, in connection with his application. File of the appellant relating to said licence was lying on the table of Sri P. N. Misra. Entry in the Exchange was guarded by the guards of security agency which was engaged by the department and entry was restricted by pass only. Dinesh Kumar Nigam had obtained entry pass which was issued to him by Sri S. K. Lal P.W. 5. It is alleged that at 13.40 hours Sri Prem Narain Misra was shot dead in his office and when sound of the shot was heard, the people ran towards the chamber of Sri Prem Narain Misra and shouted that Prem Narain Misra had been murdered. Two security guards, namely, Jaiveer Singh Yadav P.W. 8 and Devendra Kumar Misra P.W. 9 were deputed on that date to guard entry at the gate. They immediately locked the main gate and asked their Supervisor to inform the police on telephone number 100 that Sri Prem Narain Misra had been murdered. After this they ran towards the chamber of Sri Prem Narain Misra which was on the second floor. They found the appellant Dinesh Kumar Nigam coming down on the stairs with pistol in his hand. The security guards caught him on the staircase and recovered country made pistol from his hand in which there was a bullet also loaded in the barrel. It is claimed that after the appellant was apprehended he admitted before the security guards that he had killed Prem Narain Misra. On his search, the gate pass issued to him for entry in the office on that date was also recovered. The appellant disclosed to them his name and address and also disclosed that he had killed Prem Narain Misra because Mr. Misra was not clearing his application for running the P.C.O. Sri S. L. Gupta P.W. 1 was posted as Divisional Engineer, (Phones) in that branch and was present in his office at that time and on getting information about the incident and other details from the security guards and the Supervisor Phul Chand Yadav, and having come to know that the culprit has been apprehended by the security guards with arm and ammunition, on knowing his name and address, sent a written report to the police station Chakeri of Kanpur Nagar.
(3.) ON the basis of the written report, Head Constable Baluster Singh P.W. 3 registered case Crime No. 807 of 2002, under Section 302, I.P.C. against accused Dinesh Kumar Nigam. Prior to this, the same Head Constable had received a radio message on wireless control that an incident had taken place at Krishna Nagar Telephone Exchange, and a person had been fired at. He had recorded the said message at serial No. 44 in the G.D. at 13.45 hours, i.e., five minutes after the alleged incident. On the case being registered at the police station, Sub-Inspector Raghubir Singh of police station Chakeri, P.W. 11 took up the investigation. At 13.45 hours when this Investigating Officer was busy in law and order duty at Rama Devi Chauraha he had received information that firing had taken place at Krishna Nagar Telephone Exchange and on the said information he immediately proceeded to the place of occurrence with some police force. He reached the place of occurrence and found that the appellant had already been apprehended by the security guards and a country made pistol and a live bullet had been recovered by them from him. In the meanwhile other police force also reached there and the report of the incident was registered at the police station at 14.45 hours.;