Rajiv Joshi, J. - (1.)These two criminal appeals have been filed against the judgment and order dated 6.4.2004 passed by Additional Sessions Judge, Fast Track Court No. 5, Kanpur Nagar in Session Trial No. 1003 of 2003, whereby the appellants- Pappu and Sobran, have been convicted for the offence under Section 302/34 IPC and sentenced to undergo rigorous imprisonment for life thereunder, with fine of Rs. 5,000/-. In case of default in payment of fine, they were further ordered to undergo simple imprisonment for three months.
(2.)Briefly stated, the prosecution case as contained in the written report (Ex. Ka-1) is that on 15.6.2003 at 5 P.M., appellant -Pappu had come to the house of informant- Munni Devi and asked Sanjay, son of the informant, to accompany him to a marriage ceremony. Sanjay after getting ready, went along with appellant Pappu. After sometime, the informant - mother, got information that his son- Sanjay has been stabbed by Pappu and Sobaran near T.B. Hospital, and Arvind, nephew of the informant, has seen both the appellants- Pappu and Sobran running away after committing the offence. Immediately thereafter, the informant rushed to the place of occurrence and took her injured son- Sanjay on a rickshaw initially to Sewadham Hospital, where the injured Sanjay was given first aid and therefrom he was referred to Regency Hospital. On reaching Regency Hospital, injured Sanjay succumbed to the injuries and dead body of Sanjay has been brought by the informant to her house.
(3.)On the basis of the aforesaid written report, first information report of the incident (Ex.Ka-4) was registered at 7:05 P.M. the same day as Case Crime No. 93 of 2003, under section 302 IPC, at Police Station Rai Purva, Kanpur Nagar, against the accused-appellants. After GD entry on the same day, investigation of the case was taken over by Station House Officer - Radhey Shyam (P.W.5), who alongwith S.I. Shashi Kant (P.W.6), visited the house of the informant, directed S.I. Shashi Kant to conduct the Panchyatnama and send the dead body of Sanjay to mortuary for postmortem examination. The Panchayatnama was signed by the Panch witnesses. Thereafter, the dead body was handed over to the constable for carrying it to the mortuary.