PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against judgment of conviction and sentence rendered by First Additional Sessions Judge, District Barabanki on 04.12.1993 in Sessions Trial No. 412/89 (State Versus Pappu @ Pramod Kumar) arising out of Case Crime No. 167/87 under Section 304 Part-II Indian Penal Code, whereby the appellant-accused has been convicted and sentences to rigorous imprisonment of five years.

(2.) Abridged facts as revealed from the First Information Report, are that a report was lodged by brother of victim on 29.08.1987 at about 4.45 a.m. that his brother deceased Sunder Lal had illicit relations with Smt. Phoolmati, mother of appellant-accused. Appellant-accused Pappu @ Pramod Kumar being son of Smt. Phoolmati was not happy with the relationship and took her relationship against prestige and honour of his family. On the day of occurrence at about 5.45 a.m. when victim Sunder Lal was going to ease himself, appellant-accused Pappu @ Pramod Kumar, who had a "banka" in his hand came from Northern side and made assault on victim Sunder Lal near the crossing, whereupon victim fell down on the road. Appellant-accused Pappu @ Pramod Kumar gave blow on the head of the victim. The complainant, who was also coming from his house and one Lal Ji Pandit shouted and ran to rescue the victim. Seeing them coming to the place of occurrence accused-Pappu @ Pramod Kumar left the victim and fled away.

(3.) On the basis of report (Exhibit Ka-2), First Information Report was recorded under Section 307 I.P.C. at Police Station at about 6.20 a.m. On the same day, Chik (Exhibit Ka-13) was prepared and consequent entries were also made in General Diary of Police Station (Exhibit Ka-14). Thereafter, victim was sent to Primary Health Center, Dewa, Barabanki for Medico Legal Examination. Doctor examined the victim and prepared injury report (Exhibit Ka-7). Investigation was handed over to Sub Inspector Srikant Shukla (P.W.5), who visited the place of occurrence and prepared site plan (Exhibit Ka-8). However, during investigation victim Sunder Lal succumbed to the injuries inflicted by appellant-accused, therefore, case was converted in Section 302 I.P.C. After inquest report, dead body was sent for Post Mortem. Post Mortem report is Exhibit Ka-1.