IMPORTANT POINT
A conviction can be sustained on the sole testimony of a reliable witness, especially when corroborated by medical evidence, and the presence of adequate light at the scene can validate eyewitness identification.

JUDGMENT :

(Rajiv Gupta, J.) :

1. Heard Shri Ram Sagar Yadav, learned counsel for the appellant, Shri Arun Kumar Pandey, learned AGA for the State and perused the record.

2. The instant criminal appeal has been preferred against the judgment and order dated 14.09.2005 passed by Additional Sessions Judge, Court No.10, Ghaziabad in Sessions Trial No. 1147 of 2003 (State of Uttar Pradesh Vs. Hari Bahadur), arising out of Case Crime No. 686 of 2003, under Section 302 IPC, Police Station Indirapuram, District Ghaziabad, convicting and sentencing the accused-appellant to undergo imprisonment for life with fine of Rs.10,000/-under Section 302 IPC and in default of payment of fine, to undergo six months’ further additional imprisonment.

3. The prosecution case as has been set out by the first informant Shobha Kant Poddar (PW-1) in the first information report is that in the night between 13/14.05.2003 at about 12:00 O’clock in the night, while he was taking his meals, he heard an alarm being raised from near the hutment of Sita Ram. After hearing the alarm, he reached there, where he had seen in the light of the electric bulbs lit there on the electric pole, that appellant, who also used to reside near his hutment, assaulting Sita Ram by a knife on his chest and back, uttering that he suspects that his brother Radhey Shyam had enticed away his wife and whereabouts of Radhey Shyam is not being disclosed by him, as such, he would be done to death and continued to assault Sita Ram by a knife.

4. It is further stated that when PW-1 Shobha Kant tried to rescue Sita Ram, he was also threatened for dire consequences, as such, he retreated back and started raising alarm. On hearing the alarm, number of persons reached the place of incident and saw Hari Bahadur, with the knife in his hand, making his escape good towards Shukra Bazaar. The dead body of the deceased Sita Ram, soaked with blood, was lying at the place of incident.

5. On the basis of the said written report handed over by the first informant Shobha Kant, a first information report was registered against the appellant Hari Bahadur Nepali, which was registered vide Case Crime No. 686 of 2003, under Section 302 IPC at Police Station Indirapuram, District Ghaziabad at 12:45 AM or 00:45 Hours, which has been proved and exhibited as Exhibit Ka-1. Entry regarding first information report was made in G.D. Report No.2, dated 14.05.2003 at 00:45 hours.

6. Perusal of the record shows that prior to the lodging of the said first information report, after committing the incident of murder by the appellant Hari Bahadur Nepali, and making his escape good, he was being chased by number of villagers and on the alarm raised by them, S.I. R.V. Kaul of Police Station Indirapuram, who was on the patrolling duty, reached near the place of incident and apprehended the accused-appellant Hari Bahadur Nepali alongwith crime weapon knife, which he was holding in his hand at about 12:20 AM in the night. The said knife held by the accused-appellant, was taken in possession by the S.I. R.V. Kaul and its fard recovery memo was prepared, which has been proved and exhibited as Exhibit Ka-9. Thereafter, the blood-stained pant, worn by the appellant at the time of his arrest, was also taken in possession and its fard recovery memo was drawn. Thereafter, accused was taken to the Police Station and lodged in the jail.

7. Thereafter, the investigation of the said case was entrusted to S.I. Mahesh Singh Tomar (PW-4), who recorded the statement of first informant Shobha Kant (PW-1) and that of the accused, who was arrested by the police. Thereafter, the statement of other relevant witnesses, namely, Sanjeev and Rajesh Kumar were recorded and the Investigating Officer reached the place of incident and prepared the site plan, which has been proved and exhibited as Exhibit Ka-4.

8. Thereafter, on 14.05.2003, S.I. R.V. Kaul conducted the inquest on the person of the deceased and prepared the inquest memo and other relevant do