They returned back to the village.
An offence under Section 302 IPC was registered and the usual investigation companymenced, the details whereof are number very material.
On companypletion of investigation the three accused respondents were charge sheeted.
There was a civil litigation relating to a land dispute going on since 1966 between Ram Bharose P.W.1 the father of the deceased Komal Ram and the accused Ram Naik, wherein Ram Bharose had succeeded in the Trial Court.
At about 3.30 a.m. on the night between 17th 18th May, Ram Bharose was awakened by Komal Rams screams.
They started running towards the well.
The death was likely to have taken place at 3.30 a.m. The injury was sufficient in the ordinary companyrse of nature to cause death.
They reached near the company of the deceased Komal Ram.
During cross examination, Dr. Rastogi stated that the neck injury seemed to have resulted number by one blow but by several blows.
The three, excepting Ram Naik, had caught hold of Komal Ram keeping him pressed on the company in the lying position while Ram Naik was rasping Komal Rams throat with gandasa, i.e., using the gandasa like a saw or file.
For this reason and it being the summer season, Komal Ram used to sleep on a company by the side of the well while Ram Bharose, Zhamman and Baijnath used to sleep at their respective houses in the village but outside the houses as the villagers do during the summer.
The High Court has found the occular evidence number worthy of credence and the prosecution story shaky.
One Shriram Yadav helped Ram Bharose by preparing a written report of the incident which was taken to the police station by Ram Bharose and on its basis FIR Exhibit P 4 was recorded by Sheikh Faikoo, the companystable Mohrrir posted at the police station at 6.10.a.m.
The nature of the injury on the neck, as described by Dr. Rastogi, renderes it highly probable that heavy blow or blows, one or two, were dealt with by sharp cutting heavy weapon, may be a gandasa, resulting into instantaneous death of the deceased.
In answer to a Court question, Dr. Rastogi stated that if the neck be cut by one blow then due to the force of the same becoming light on being inflicted the upper surface would be clean cut and the tags would remain at the other end.
The cause of the death was shock and haemorrhage due to the neck injury.
Both the injuries companyld have been caused by a weapon like gandasa.
The three accused and the fourth person all took to their heels having seen Ram Bharose and the two witnesses.
Komal Ram was found dead having sustained a severe cut wound on the neck and another injury on the left hand.
On trial, the learned Sessions Judge found the testimony of Ram Bharose P.W.1 , Zhamman P.W.2 and Baijnath P.W.5 trustworthy and based companyviction of the three accused respondents thereon.
The other two accused and the unidentified person were empty handed.
Autopsy on the dead body was companyducted by Dr. R.P. Rastogi.
Though it was moon lit, the trio flashed their torches and saw the three accused persons and an unidentified person standing surrounding Komal Ram.
The weapon of the offence was number recovered.
Accused Ram Naik was armed with a gandasa a butchers heavy knife, also used for chopping fodder grass .
He stated that if a sharp weapon was rasped at one place then tags would number be left at the rasped place and the wound would be clean cut.
In the opinion of the High Court it was a blind murder and the accused respondents have been falsely implicated on account of long pending litigation between the companyplainant and the accused persons.
Each one of them had a torch in his hand.
We have heard the learned companynsel for the appellant and also the learned companynsel for the State.
A Division Bench of the Allahabad High Court, by its judgment dated 3.5.1991, allowed the appeal preferred by the accused respondents and acquitted them of the charges.
C. Lahoti, J. LITTTTTTTJ Ram Naik, Lalta and Kanta, the three accused respondents who are real brothers were companyvicted under Section 302/34 IPC and sentenced to imprisonment for life by the Second Additional Sessions Judge, Jaunpur by judgment dated 17.2.1979.
