UMA NATH SINGH,S.N.H.ZAIDI,J - (1.) WE have heard learned counsel for parties and perused the record.
(2.) THIS criminal appeal arises out of a judgment dated 28.4.2005, passed by learned Sessions Judge, Bahraich, in Sessions Trial No. 195 of 2000, convicting sole accused Pukary of the offence under Section 302, I.P.C. From the narration of prosecution case, it appears that on 15/16.7.2000 at about 8.30 in the night, deceased Bhawani Prasad Srivastava, a Forest Sub-Inspector, went for dinner to the house of accused Pukary. As he did not return till late night. Forest Guard Kishun Singh and Wild Life Guard Om Prakash Chandra went out with torch in search of Bhawani Prasad at about 12.30 in the midnight. When they reached near the house of Pukary and switched on their torch, they saw the accused running away from his house. At that time a lamp was burning in the courtyard and Bhawani Prasad (deceased) was found lying in injured condition on a cot. He was bleeding from the left side of his neck. When he was asked as to what happened, he pointed out that accused Pukary having just stabbed him had run away. When they decided to carry Bhawani Prasad for treatment, he succumbed to his injuries on the cot itself. Thereafter, they came out and raised hue and cry which attracted the villagers. Accused Pukary was searched but he could not be traced out.
(3.) FOREST Guard Kishun Singh (P.W. 1) submitted a written report (Ext. Ka-1) at police station Sujaoli in the night of 16.7.2000, which led to registration of an F.I.R. at 1.50 a.m. against the accused.;