KEDAR NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal under section 374(2) Cr.P.C. has been filed by sole accused/convict against the impugned judgment and order dated 20.12.1982 passed by IIIrd Additional Sessions Judge, Banda in S.T. No.347 of 1981, whereby the appellant was convicted for the offences under sections 307 and 302 IPC and was sentenced with life imprisonment under section 302 IPC and 7 years rigorous imprisonment under section 307 IPC.

(2.) The brief facts relating to the appeal are that on 31.7.1981, on written report submitted by Suresh Chandra Singh, the F.I.R. was lodged at case crime no.171 of 1981 in P.S. Karvi, District Banda at 7:15 p.m. on 31.7.1981, under section 307 IPC against one named accused Keddi. The averments made in F.I.R. in brief are as under: -

(3.) Upon lodging of F.I.R., investigation was started, the first informant Suresh Chandra Singh was medically examined, his dying declaration was recorded and considering his serious condition, he was referred to Allahabad for further treatment. The blood stained and simple mud was collected from the spot and upon receiving the information of death of Prem due to incised wounds caused by accused, section 302 IPC was added. The postmortem of body of Prem was conducted, statements of witnesses were recorded and upon collecting evidence with the completion of investigation, charge sheet was submitted against sole accused under sections 302 and 307 IPC. The case was committed to sessions, where charges under section 307 IPC for causing injuries to first informant Suresh Chandra and under section 302 IPC for causing death of Prem, were framed. In order to prove its case, prosecution produced first informant Suresh Chandra Singh as P.W.1, eye witness Kamlesh Kumar as P.W.2, Medical Officer Dr. S.D.S. Chauhan, who conducted the post mortem of Prem and prepared injury report of first informant upon his medical examination, as P.W.3, another eye witness Awadh Bihari as P.W.4, Naib Tehsildar V.N. Chaudhary, who recorded dying declaration of first informant as P.W.5, Investigating Officer D.S. Verma as P.W.6, constable Chandrika Prasad, who took the dead body of Prem for post mortem as P.W.7 and constable Jai Prakash, who prepared chik F.I.R. and made entry in general diary as P.W.8.