Mukhtar Ahmad ORDER
1. Heard Sri Apul Misra, for the appellant and Sri Rajeev Kumar Mishra, A.G.A., for State of U.P.
2. Ajai Kumar Chauhan (the appellant) has filed the present appeal against his conviction and sentence passed by VIth Additional Sessions Judge, Mainpuri, dated 30.06.1986, in S.T. No. 390 of 1985, State v. Ajai Kumar Chauhan, (arising out of Case Crime No. 73 of 1985, u/s. 302 IPC, P.S. Sirsaganj, district Mainpuri), convicting him under Section 302 IPC and awarding sentence of imprisonment for life, along with fine of Rs. 5,000/-.
3. On the basis of written complaint (Ex-Ka-2), of Pradeep Kumar (PW-2), FIR (Ex-Ka-16) of Case Crime No. 73 of 1985 was registered by Head Moharir Abhilakh Singh (PW-9) on 19.03.1985 at 9:30 PM at PS Sirsaganj, against Ajai Kumar Chauhan. It has been stated in the complaint that the complainant Pradeep Kumar and his younger brother Rajeev Kumar were studying, while sitting on the roof of the building in front of water tank at about 8:30 PM on 19.03.1985. At that time, Ajai Kumar son of Raghuveer Singh, resident of Gandhi Ashram, Sirsaganj, came to his door and called Rajeev to come below. His brother then went below alone. After sometime, he cried that "Dada ana, mujhe mar dala". Listening the cries, the first informant, Desh Raj Singh Master son of Sri Shri Ram and Amod Kumar son of Desh Raj Singh, came running on the door and saw that Ajai Kumar son of Raghuveer Singh was causing knife injury to his brother. All of them, saved Rajeev Kumar and apprehended Ajai Kumar and handed over to the police. In the meantime, Ajai Kumar threw the knife in the water tank situated in the premises of Cold Storage.
4. The injured was initially taken to Dr. Kunwar Pal Singh (PW-7) at his clinic at Sirsaganj, who had done bandage on the injuries and provided first aid. Thereafter, the injured was taken to police station Sirsaganj for lodging FIR. After lodging FIR, he was sent to Government Hospital, Sirsaganj, where he was examined by Dr. A.K. Garg (PW-1) on 19.03.1985 at 9:45 PM, who prepared Injury Report (Ex-Ka-1). The condition of the injured was serious, as such, he was referred to higher centre. In the meantime, his father Ramesh Chandra (PW-5) came to hospital and took the injured to Sarojini Naidu Hospital, Agra, in a jeep, where he was admitted. Rajeev Kumar died on 20.03.1985 at 6:30 AM. S.I. Hari Ram Nagar (PW-8) conducted inquest (Ex-Ka-3) of Rajeev Kumar on 20.03.1985 at 11:10 AM at the hospital and send the body for postmortem. Dr. H.B. Singh (PW-11) conducted postmortem of Rajeev Kumar on 20.03.1985 at 3:45 PM and prepared postmortem report (Ex-Ka-13).
5. After registration of FIR, SI Megh Singh (PW 10) started investigation. He came on the spot on 20.03.1985 and on the pointing out of the first informant, he prepared site plan (Ex-Ka-10). Thereafter, he recovered the knife from the tank of Cold Storage premises and prepared its recovery memo (Ex-Ka-11). Thereafter, investigation was taken by SHO S.P.S. Tomar (PW-12). On 22.03.1985, he recorded the statement of Desh Raj Singh, Amod Kumar, Amar Singh, Smt. Kamlesh Kumari. On 03.04.1985, he recorded the statement of Om Prakash Jadaun, scribe of the complaint (Ex-Ka-2). On 14.04.1985, he collected inquest and recorded statement of Ramesh Chandra, father of the decease........