Moreover, it may be mentioned that the deceased died several days after the incident.
They cried that Atul be killed whereupon accused Arvind gave one knife blow on Atul.
Since then Atul Prakash Shukla and Arvind were on inimical terms.
Injured Atul was sent to Hallet Hospital, Kanpur with Constable 536 Ram Prakash who also carried with him the Chithi Majroomi.
Atuls father PW2 Ram Sewak Shukla accompanied Atul when he was taken to Kanpur in a bus.
As regards the evidence of the sole eyewitness, that too, has been disbelieved by the High Court.
482 of 1981.
Besides the first information, the incident was witnessed by Dinesh Shukla, Ramesh Kumar Tripathi and Laljee Chaurasiya and the accused persons were identified by electric light.
932 OF 2002 State of Uttar Pradesh Appellant vs Arvind Kumar Respondent MARKANDEY KATJU, J. These two appeals have been filed against the impugned judgment dated 1.3.2002 of the Allahabad High Court in Criminal Appeal No.
The accused persons ran away when challenged.
On the written report of Anil Prakash Shukla, a case under Section 307 IPC was registered against Arvind Shukla, Virendra Dubey and Anil Pappu in the General Diary at Sl.
Dr. S.N. Sharma PW6 of Ursula Hospital examined the injuries of Atul at 11 P.M. on 21.10.1979 and found the following injuries Incised wound 3.00 cm x cm x bone deep on left side of scalp 7.0 cm above left ear.
Anil had number accompanied the deceased number any programme was prefixed regarding the time of his companying back.
Anil Prakash Shukla scribed the report Ext.
Anil PW1 and Atul deceased left their homes separately.
The prosecution mainly relied on the evidence of the sole eyewitness Anil Prakash Shukla PW1 as well as the alleged dying declaration of the deceased Atul.
On account of a strike, Atul companyld number be admitted in Hallet Hospital, therefore, he was taken to Ursula Hospital, Kanpur.
He also carried Atul to the police station in a rickshaw leaving Anil Prakash PW1 on the spot.
36, which also indicates that injured Atul had reached the police station along with the first informant Anil Prakash Shukla.
He ran crying and fell down on the Chabutra of Shyam Babu Sharma.
Deceased Atul Prakash stated before the Investigating Officer on 9.11.1979 i.e. 20 days after the incident that he had been tutored to give an incorrect statement before the Magistrate.
Anil Prakash along with the witnesses came on the Chabutra where Atul was lying injured.
It was further alleged that on 21.10.1979 first informant Anil Prakash Shukla and his brother Atul Prakash Shukla, deceased in this case, were going to their residential house after taking a round in the market and when they were in front of the house of Shyam Babu Sharma in Mohalla Gumti Qasba Auriya accused Arvind Pappu and Virendra Dubey suddenly appeared there.
He sent Laljee Chaurasiya to call his father who immediately arrived there and asked Anil Prakash Shukla to lodge the report.
Ka 1 and lodged the same at police station Auraiya at 8.10 P.M. The police Station was situated only at a distance of about 3 furlongs from the place of occurrence.
Hence, the High Court disbelieved the dying declaration.
As pointed out by the High Court, Anil Prakash PW1 , was number a natural witness as per his own showing and he had animosity against Arvind Shukla.
Heard learned companynsel for the parties and perused the record.
CRIMINAL APPEAL NO.
Kha 1 , it has been pointed out by the High Court that the Magistrate before whom the said dying declaration was said to have been recorded, was number produced as a witness before the learned Sessions Judge and hence the accused did number have an opportunity to cross examine the Magistrate.
His house was undoubtedly situated at a far distance from the place of occurrence and hence his presence at the scene of occurrence was by a sheer chance.
One of the appeals has been filed by the companyplainant and the other by the State Government.
His presence at the scene of occurrence was by a sheer chance.
The prosecution case as disclosed in the FIR lodged by Anil Prakash Shukla PW1 was that about 1 1/2 years prior to the occurrence in question Atul Prakash Shukla, brother of the first informant was beaten by accused Arvind Shukla and despite having assaulted him, accused Arvind tried to implicate Atul Prakash in a false case but companyld number succeed.
The Magistrate was neither cited as a witness in the charge sheet number produced at the trial.
The question is whether these should be believed or number.
As regards the alleged dying declaration before the Magistrate Ex.
