Hon’ble Madan Pal Singh,J.
(Per Hon’ble Madan Pal Singh,J.)
1. The instant criminal appeal is directed against the judgment and order dated 20.10.1984 passed by Ist Additional Sessions Judge, Jhansi, in Sessions Trial No. 35 of 1984 (State Vs. Narendra Kumar & another), arising out of Case Crime No. 510 of 1983, under Sections 302/34 IPC, Police Station -Nawabad, District – Jhansi, whereby the appellant has been convicted under Section 302/34 IPC and sentenced to undergo life imprisonment.
2. Facts giving rise to the present appeal may be summarized as under:-
(i). The prosecution case in brief is that on the basis of Written Report dated 17.12.1983, of the informant Bahadur Shah (P.W.-1), resident of Kapoor Tekari, Police Station Nawabad, District Jhansi, an FIR was lodged stating therein that on 17.12.1983 at about 7.45 PM, he, his brother Bashir Shah and one Mahendra, resident of Narmal School, Kachahary Chauraha were returning to their home via Khushipura. As soon as they reached in front of the house of Khem Chand, they met Narendra Kori son of Mangali and Vijai @ Babban son of Sher Singh, who were coming from Kapoor Tekari. At the same time, Narendra started abusing his brother Bashir Shah and said “Who are you to come between me and Kanti, you are constantly trying to intrude in this matter. I have tried to convince you many times in this matter, yet, you continued”. At this, his brother Bashir said that you are making false allegation against me without any basis and don’t try to bully me. Upon which, Vijay responded by saying “Maro Sale Ko”. At that moment Narendra drew a knife and gave three-four knife blows to his brother (since deceased), due to which, he became injured and he fell down. The incident was witnessed by Ali Hasan son of Subrati, Manjoor Ahmad son of Ismail and Hazarat son of Noor Shah, resident of Kapoor Tekari and several others. There was enough source of light at the place of occurrence. After causing the incident, Narendra and Vijai @ Babban fled from the place of occurrence brandishing knife, towards village Khushipura. The injured was carried to the Medical College on a two wheeler, where the Doctor declared him dead. Narendra used to visit to the house of Kanti daughter of Karanjoo with bad intentions. Bashir Shah also used to visit the house of Kanti and treated her as his sister. On many occasions, Bashir Shah warned Narendra not to visit the house of Kanti. Due to this very reason, the accused Narendra was having enmity with the deceased and accordingly, killed him. The Written Report was marked as Ex. Ka-1.