Shiv Shanker, J. - (1.) THIS criminal appeal under Section 374 (2) of Cr. P.C. has been filed against the judgment and order dated 27th May, 2002, passed by Additional Sessions Judge, Court No. 5, Ballia in Sessions Trial No. 87 of 1999, convicting and sentencing the accused-appellant under Section 302, I.P.C. to undergo imprisonment for life and a fine of Rs. 1,000, in default of payment of fine further to undergo rigorous imprisonment for three months.
(2.) BRIEFLY, prosecution case is that Anil Kumar Singh son of late Triloki Nath Singh lodged the F.I.R. on 4.12.1998 at 23.40 p.m. regarding occurrence dated 4.12.1998 at about 11.30 a.m. against Rakesh Kumar Singh present appellant, wherein it has been stated that some dispute had arisen in between Deenbandhu Singh father of appellant and Virendra Singh in the year 1996 and Triloki Nath Singh (deceased) who helped Virendra Singh. Therefore, Deenbandhu Singh and his family members felt grudge. On 4.12.1998, the informant and his father Triloki Nath Singh (deceased) had gone to the house of Bhagwan Singh for taking feast and on returning from there, they reached near the house of Babban Singh at about 11.30 a.m. Suddenly, Rakesh Kumar Singh son of Deenbandhu who was hiding, came out there and after stopping father of informant, he began to say him as to why he was helping Virendra Singh and others. He replied him in positive, upon which accused gave blows of his knife upon the body of Triloki Nath Singh (deceased). Consequently he sustained knife injuries on his person. After raising alarm by the informant, Nepal Singh and Bhagwan Singh also reached at the place of incident and saw the whole incident in their presence and they had tried to apprehend the accused Rakesh Kumar Singh but he had fled away from thereafter showing knife to all the witnesses. Thereafter, Triloki Nath Singh in injured condition, was taken to Sadar Hospital, Ballia where he was treated but in deteriorating condition, he was referred to Varanasi hospital, but on the way, his condition became too much deteriorating. Therefore, he was again returned back to Sadar Hospital, Ballia where he was declared dead by the doctors. After leaving dead body of his father in the Sadar Hospital he had proceeded to the concerned police station where he has submitted a written report vide Ext. Ka.-1. On the basis of written report, a chick F.I.R. Ex. Ka-4 was prepared and case against accused-appellant was registered for the offence under Section 302, I.P.C. and investigation of this case was entrusted to Sub-Inspector, Devendra Kumar Pathak. Inquest report and other papers were prepared regarding dead body of deceased by the concerned S.I. on 5.12.1998 in between 10.15 a.m. to 11.30 a.m. After sealing dead body of deceased, the same was handed over to constable Ram Awadh Prajapati and Hari Narain Yadav and in the same condition, it was produced for post mortem to the concerned doctor who prepared the post mortem examination report Ex. Ka-10 of dead body of deceased on 5.12.1998 at 2.30 p.m. The following injuries were found on the dead body of deceased as ante mortem injuries : 1. Incised wound of 3 cm. x 1 cm. and 3 cm. deep on the Anterior Abdominal wall, 2 cm. above and left from the umbilicus. 2. Incised wound of 2 cm. x 1 cm. x 3 cm. deep on Anterior Abdominal wall 1 cm. lateral to the injury No. 1. 3. Incised wound of 1.5 cm. x 1 cm. x 1 cm. on the posterior aspect of (Rt.) wrist joint. 4. Incised wound of 1.5 cm. x 0.5 cm. on the (Rt.) Fore-arm Posterior aspect. 9 cm. below the (Rt.) Elbow joint.
(3.) INCISED wound of 3 cm. x 1 cm. x 1 cm. back of (Lt.) shoulder joint. Incised wound of 2.5 cm. x 0.5 cm. x 1 cm. (Lt.) scapular Region. Cause of death is shock as a result of ante mortem haemorrhage which is due to ante mortem injuries. 5. On 21.12.1998, blood stained knife was recovered at the pointing out of present accused and prepared its fard Ex. Ka-8. Blood stained clothes of deceased were also taken into custody and prepared its fard, Ex. Ka-15. Blood stained clothes etc. of the deceased and one recovered knife were sent to the chemical examiner, from where the report has been received and human blood was found in item Nos. 1 to 7 and 9 but blood was not found in ring of the deceased. 6. After completion of investigation, charge-sheet was filed against accused and cognizance was taken upon it by concerned Court and case was committed to the Court of Sessions.;