- (1.) Heard Sri K.D. Tripathi, learned counsel for the appellants and Sri A.N. Mulla, the learned A.G.A.
(2.) This Criminal Appeal is preferred against the judgment and order dated 24.12.1983 passed by the IIIrd Addl. Sessions Judge, Kanpur in S.T. No. 304/M of 1983 convicting and sentencing the appellants and one Raj Kumar under Section 302/34 IPC for life imprisonment.
(3.) The case of the prosecution in brief is that Prem Kant Bajpayee (deceased) was the son of informant / (PW-1), deceased had fallen in bad company of Raj Kumar / appellant in the connected appeal, which was deprecated by informant; son had assured that he would not have any further contacts with Raj Kumar, but latter continued to maintain his affinity, which was resisted by son, which Raj Kumar did not find palatable. On 13.5.1983, while the informant and his wife were sitting in their drawing-room along with their son Prem Kant Bajpayee at around 8:45 P.M, Raj Kumar called for his son, who went out along with Raj Kumar near Charhi (a cemented platform), 30 steps away, where Prakash Kalia and Anil Kumar @ Anil Kuril were already present. Anil Kumar @ Anil Kuril caught hold of his son, Raj Kumar and his cohorts including Prakash Kalia started assaulting his son with knife, as a result of which he cried for help, prompting informant (PW-1), his wife (PW-4), Kishan Dayal (not examined) and other residents of the mohalla rushed to the scene, but the accused fled along with the knife. The entire occurrence was alleged to be witnessed in a pole light. The injured was carried in a rickshaw by the parents to the UHM Hospital, where he was declared as "brought dead". The motive assigned was that in October 1981, a brawl took place amongst Prem Kant, Raj Kumar and Anil Kumar @ Anil Kuril, in which all three of them were challaned. Subsequently, Raj Kumar again showed affinity towards the son of the informant. The informant again counselled his son to severe his relationship with Raj Kumar, son stopped giving money to Raj Kumar, as a result of which, he started harbouring animosity.;