Point of Law : “absence of any material on record to show that prosecution witness has any enmity with the accused, his evidence cannot be brushed aside merely on the ground of relationship, generally relations of victim are interested in bringing the book the real culprits”.

JUDGMENT :

Om Prakash Tripathi, J.

1. Heard Sri Rahul Kumar Singh, learned counsel for the appellant and Sri Roopak Chaubey, learned A.G.A. for the State-respondent and perused the material on record.

2. The appellant has preferred the present criminal appeal aggrieved by the judgment and orders dated 12.03.1996 and 13.03.1996, passed by the District and Sessions Judge, Kanpur Dehat in Sessions Trial No.173 of 1995 "State vs. Chhunna and others" Police Station Sheorajpur, District Kanpur Dehat, convicting and sentencing the appellant to undergo life imprisonment under Section 302 of IPC with a fine of Rs.3,000/-, in default thereof, to undergo one year rigorous additional imprisonment.

3. The prosecution case is as follows:

4. Subhash Chandra Mishra, the complainant, s/o late Sunderlal Mishra, r/o Village Dubiana, P.S. Sheorajpur, District Kanpur Dehat lodged the first information report on 23.03.1995 alleging that the deceased Sunder Lal r/o village Dubiana, Police Station Sheorajpur, District Kanpur Dehat, had his flour mill towards east of his house at a distance of about 1-1/2 furlong near G.T. Road. On 22.03.1995 at about 8:00 PM, Sunder Lal deceased, his son Subhash Chandra and Rakesh were busy in grinding flour. One Amit resident of village Baharmapur came to the said flour mill for grinding his wheat. Accused Chunna and Dinesh, who were relatives of Amit, were also with him. The accused wanted to get their wheat grinded first, breaking the number of other customers, Subhash Chandra and his brother Rakesh asked them to get the wheat grinded on their turn. On that, accused Chunna and Dinesh threatened them to see. Thereafter Amit went to his house after getting his wheat grinded.

5. On the said night of 22.03.1995, Sunder Lal deceased, was sleeping inside the premises of flour mill on a Takhat. His son Rakesh P.W.2 and Suresh Kumar, brother-in-law (Sala) of Subhash Chandra P.W.1 were sleeping on another Charpai near the Takhat of the deceased. A lighted lantern was hanging inside the premises. At about 11:45 PM. Sunder Lal deceased raised cries. Hearing his cries, Rakesh P.W.2 and Suresh Kumar woke up and observed that Chhunna-accused was inflicting knife blows on the deceased. On the challenge given by Rakesh P.W.2 and Suresh, Chhunna accused fled away. Both Rakesh and Suresh chased Chhunna and observed that accused Dinesh was standing on the gate of flour mill. Both accused fled away taking benefit of darkness. Hearing alarm, the other persons of the village also came to the spot.

6. Sunder Lal deceased had fallen down on the ground and had profused bleeding from the injuries he sustained. Injured was taken to the P.H.C. Sheorajpur at about 3:00 AM. He was attended there by the Pharmacist P.W.3 as the Doctor was not present. After providing first aid, he was referred to L.L.R. Hospital, Kanpur City. But before being shifted to L.L.R. Hospital, the deceased succumbed to his injuries at 5:10 AM. Sri Udai Narain Yadav, P.W.3 sent information of the death of the deceased Sunder Lal,vide memo Ext.Ka-4 to the Police Station Sheorajpur.

7. After the death of the deceased, Subhash Chandra P.W.1 prepared report of the occurrence Ext.Ka-1 in the Hospital and came to the Police Station Sheorajpur, where he lodged the report at 6:50 AM on 23.03.1995. The Chick FIR Ext.Ka-19 was prepared by the then Head Constable who made an endorsement of the same at G.D. report Ext.Ka-20 and registered a case under Section 302 IPC against the accused.

8. The investigation of the case was taken up by Sri Vijay Narain Pandey, I.O., P.W.6. He interrogated the witness of the fact, Subhash Chandra P.W.1 and proceeded to P.H.C., Sheorajpur, where he appointed Panches and conducted inquest of dead body of Sunder Lal and got prepared inquest report Ext.Ka-7, diagram corpse, challan corpse, letter to C.M.O. and R.I. Exts. Ka.-9 to Ka-12 through S.I. Sri Lalluji Dubey. He got the dead body sealed and prepared sample of seal Ext. Ka-8 and handed over to the Constab