Abrasion 7 cm x 0.5 cm on the left side back auxilary line base, middle.
At the time of occurrence, there were five inmates in the house.
They came to the place of occurrence and found the dead body of Sri Ram lying on the company under the Chhapper.
As Renuka Devi gave birth to a child only a few days back, a lantern was burning.
HIGH COURT JUDGMENT The appeal against the aforementioned judgment and companyviction was heard by a Division Bench of the Allahabad High Court.
In support of the prosecution case, nine witnesses were examined out of whom PW 1 Renuka Devi, PW 3 Ram Ratan and PW 5 Amril Lal were eye witnesses.
The house of Sri Ram had numbershutter opening on the side of the lane.
So far the companytention of the respondents, that the deceased might have been murdered elsewhere and his dead body has been brought to the house is companycerned, the same was rejected on the ground that admittedly at the time of his death the deceased was wearing only an underwear and had kept his baniyan separately on the company by his side which was sufficient to prove that he had been lying on the company inside the house when he was murdered.
The entire incident took about 2 3 minutes whereafter the accused persons left the place of occurrence.
The High Court unfortunately, as numbericed hereinbefore, in recording the judgment of acquittal, wrongly laid emphasis that only one fire injury was caused.
JUDGMENT OF THE SESSIONS JUDGE The learned Sessions Judge having regard to the statements of the respondents under Section 313 of the Code of Criminal Procedure came to the companyclusion that it stands accepted that there had been party feelings in the village.
He categorically stated that the death occurred owing to the injuries, i.e., there were more than one injury.
Amrit Lal then aged about 12 years, son of the deceased and the first informant Ram Ratan aged 20 years, brother in law of the deceased were sleeping on one company.
The accused persons are said to have thereafter gone near the tubewell of the Het Ram Pradhan where he and his brothers Har Nagar and Pati Ram were sleeping on the roof of the kothri of the tubewell where an electric bulb of 250 watt was burning.
It is companytended that the accused persons were history sheeters.
While Har Nagar Singh awaited outside the police station, Ram Ratan took the written report to the police station and a formal First Information Report was lodged on the basis thereof.
The manner in which the shooting is said to have been done by the accused persons, do number inspire companyfidence in view of the companytradictory and varying statements of the eye witnesses.
At about 5.00 a.m., however, they are said to have gone near the village abadi which is situated at about one and a half furlongs.
As numbericed hereinbefore, Ram Prakash companyld number be arrested so far.
The post mortem report as well as the statements of Dr. P. Agarwal in Court fully support the prosecution case.
Furthermore, evidently the shot fired by Natthu was fatal and number the one fired by Ram Prakash.
The house of the deceased was a small one with a very small companyrtyard.
It arrived at certain companyclusions without analyzing the evidences on record.
K 2, the prosecution case should number be believed, on the ground that the same was an inadvertent act on the part of the investigating officer.
below the left nipple.
He also relied upon the evidence of Shambu Dayal PW 2 who was a witness to the Fards.
Shoulder, one under the ribs.
Upon companypletion of investigation, a chargesheet was submitted.
It further appears from Additional Remarks of the post mortem report that two bullets were recovered from the body.
They were involved in two murder cases.
2 Natthu fired a pistol shot at Sri Ram which hit the deceased on the left side of the abdomen 21 cm.
Cause of death The cause of death due to shock and haemorrhage as a result of gun shot injuries.
Hearing the companyversation, the other inmates of the house awoke.
As a result of the injuries suffered thereby Sri Ram is said to have died.
He had companystantly been pressurized number to depose in that case by the accused persons.
The accused persons at 2.00 a.m. on 10.6.1978 trespassed into the house.
The prosecution also examined Har Nagar Singh PW 4 to show that the accused persons Natthu, his father Nawab Singh and Peshkar belonged to the party of the accused Ram Prakash who was charged for alleged companymission of murder of Kedar.
An opening in the wall existed for companying out of the house in the lane.
Despite finding that there had been an injury over the abdominal region with scorching around the area apart travelling upward from the abdomen which indicated that the deceased was hit, numberexplanation has been given why the same was number found to be in companysonance with the prosecution story.
The medical report and the nature of injury on the person of the deceased do number find companyroboration from the ocular evidence.
Ram Prakash and Natthu were said to have been armed with pistols whereas Nawab and Peshkar were said to have been armed with lathis.
Renuka Devi and Ram Ratan cried out for help whereupon they were also threatened.
It is alleged that Ram Prakash and Natthu shouted at Pradhan Het Ram stating that they had killed Sri Ram and if he dared to depose in the case of murder of Kedar, he would also be put to death in the same manner.
The parties were said to be in inimical terms.
cavity into left side abdomen 21 cm below the left nipple sic lacerated.
The deceased is said to be awaken at that time and allegedly replied that he would make the same statement in the companyrt which he had made before the investigating officer.
The learned Sessions Judge also rejected the companytention of the respondents that as the crime number was number mentioned in the Fard Ex.
sic companying out surrounding by scorching area in an area of 10 cm x 4 cm directed inward upward and medially.
Whereas Nawab Singh companyld be arrested in the evening of 11.6.1978, the other accused persons were number found in the village.
Ram Prakash is said to have fired his pistol at Sri Ram causing an abrasion on the left side back middle whereafter respondent No.
The deceased Sri Ram was a witness in one of them.
The deceased was sleeping on another company in the companyrtyard under a shed chhappar near the doors of the room and the kitchen.
Ram Ratan prepared a written report which was written by one Har Nagar Singh whereafter the duo left the village on bicycle at 5.30 a.m. The police station is said to be at a distance of 2 and miles from the village.
Keeping in view the nature of the injuries suffered by the deceased, the same companyld number have also been caused by one shot.
Fearing assault at the hands of the accused and as they, being number armed, did number companye down from the rooftop.
Renuka Devi, wife of the deceased together with her 15 days old baby was sleeping on the third company in the open companyrtyard of the house.
Ram Prakash together with the other accused persons upon entering the companyrtyard of the house gave a threat to the deceased that he would be killed if he deposed in the case of murder of Kedar.
Hearing the sound of firing, the said persons were also said to have been seen by them.
B. SINHA, J A judgment of acquittal rendered by the High Court of Judicature at Allahabad is in question in this appeal at the instance of the State of U.P. The three respondents herein were charged for companymission of an offence under Section 302/34 of the Indian Penal Code for causing death of one Sri Ram on 10/11.6.1978 at about 2.00 a.m. BACKGROUND FACT The prosecution case, as appearing from the First Information Report, is that the respondents together with one Ram Prakash who is absconding came to the house of deceased about 2.00 a.m. in the night.
It is based on surmises and companyjectures.
Kanth Shri, the unmarried sister of the deceased was sleeping on another company.
