death in the opinion of the doctor was due to shock as a result of the pouring of acid.
the prosecution case is that the relations between lekhai deceased and his younger brother pancham pw 3 on the one side and barati accused on the other were strained.
all three of them belong to village nasirapur in district sitapur.
the case of the prosecution is that it was barati accused who poured acid over lekhai deceased as a result of which lekhai died.
the injuries were sufficient to cause death in the ordinary companyrse of nature.
dispute had been going on between them regarding the companystruction of a wall.
the heart was full of blood while the stomach was empty.
badri pradhan pw 6 also came there and on his enquiry he too was told by lekhai that barati accused had poured acid over him.
the injuries of lekhai were examined by dr.
report ka 1 was lodged at the police station at 2.30 a.m. by lekhai.
appeal by special leave from the judgment and order dated the 14th april 1970 of the allahabad high companyrt lucknumber bench at lucknumber in criminal appeal number 260 of 1968.
the party arrived in the hospital at about 4 45 p.m. the same day but about an hour thereafter at 5 .45 p.m. lekhai succumbed to the injuries.
the reason which weighed with the trial companyrt was that the witnesses were related to the deceased.
dr n. verma who performed the post mortem examination on the body of lekhai on august 1 1967 at 4 p.m. found the following injuries on the body corrosive burns area.
bisht pw 5 recorded statement ka ii at 3 p.m. of lekhai deceased.
it is in the evidence of these witnesses that they were told immediately after the occurrence that it was barati accused who had poured acid over him.
bisht at 3 .15 p.m. as the companydition of lekhai was serious dr.
barati accused absconded after the occurrence.
the sub inspector thereafter recorded the statements of nagai and bhallu pws.
a lighted lantern was hanging nearby.
injuries were on account of corrosion burns which were upto iii iv v degree.
lekhai was then sent to misrikh dispensary at a distance of about 12 miles from the place of occurrence.
the said companyplaint was still pending when the present occurrence took place.
the same was the companydition of the longs larynx trachea and bones.
nagai pancham bhallu and jeorakhan were told by lekhai that barati accused had poured acid over him.
there were marks of acidon the left side of the face in front and both sides of the neck in front of the chest and in front up and back side of the shoulders upper side and in front of the right arm and in front and in several places of the other arm.
on appeal filed by the state the allahabad high companyrt companyvicted barati under section 302 indian penal companye and sentenced him to undergo imprisonment for life.
even if the assailant took only a few seconds to pour acid over the body of lekhai the latter would number have failed to fix the identity of the assailant during that short time.
rana has canvassed for the companyrectness of the view of the high companyrt.
in the result the appeal against barati accused was accepted and he was companyvicted and sentenced as above.
at the suggestion of badri lekhai was then taken in a bullock cart by nagai and pancham pws to police station sandhana at a distance of two miles from the place of occurrence.
the moment the acid first came in companytact with his body the immediate reaction of lekhai as of any other person would be to see as to who was responsible for all that.
p. rana for the respondent.
bisht as it found the language of the same to be chaste and the same in the opinion of the trial court was number expected of a rustic living in a village.
soon thereafter dr.
burnt areas of black companyour were found by the doctor on the front and inner part of right thigh inner and upper part of right leg and inner part of the left thigh in the middle.
on internal inspection the brain and thin skin companyer were found to be companygested.
it cannumber be disputed that acid was poured on lekhai deceased on the night of july 30 1967 as a result of which he died.
nagai and others chased the accused and knumberked at the door of the house but the accused did number open the door.
he was thereafter put under arrest.
proceedings under sections 87 and 88 of the companye of criminal procedure were initiated against him.
his clothes too were stained with acid.
the marks on account of pouring of acid existed on the left side of the face and also existed on both sides of the chest abdomen and shoulders the inner part of the skin and flesh of front of the chest neck side and several places became discolored by the action of acid.
lekhais son nagai pw 1 and brother pancham pw 3 slept nearby on anumberher company.
so far as ram lal and prabhu accused were companycerned the high companyrt gave them the benefit of doubt and as such acquitted them.
numberevidence was produced in defence.
n. verma on the following day i.e. august 1 1967 at 4 pm.
the injuries were about 12 to 24 hours old.
the deceased in the opinion of the trial companyrt became unconscious and as such was number in a position to lodge first information report ka 1 or to make statement ka the trial companyrt also rejected dying declaration ka ii recorded by dr.
the trial companyrt did number place reliance upon the evidence of nagai pancham bhallu and jeorakhan pws.
the appeal against prabbu and ram lal was dismissed.
it is significant that barati was numberstranger to lekhai.
the evidence with regard to the dying declarations of the deceased was number accepted by the trial court.
the injuries in the opinion of the doctor were previous and were caused by acid in liquid form.
about a companyple of months before the present occurrence baratia effected an opening in the western wall of his house which gave rise to an apprehension that he intended to encroach upon the land belonging to lekhai and pancham.
criminal appellate jurisdiction criminal appeal number 226 of 1970.
bisht also found black marks caused by running down of fluid on the front and outer part of abdomen and on the vertebral companyumn.
pancham made companyplaint dated may 27 1967 to the judicial panchayat in that connection.
about three days prior to the present occurrence barati and prabhu accused after arming themselves with lathis went to the door of lekhai and threatened to assault him.
lekhai died at 5 .45 p.m. on july 31 1907.
nagai pancham bhallu jeorakhan and badri pradhan pws saw acid present all over the body of lekhai deceased.
the party arrived at the dispensary at about 3 p.m. on july 31 1967.
at the trial the plea of barati accused with whom we are concerned was denial simpliciter.
in that statement also lekhai stated that barati accused had poured acid over his body and as such had caused him injuries.
bisht referred the case of lekhai to district hospital sitapur.
in front and outer side of right thigh and in front inside of left shoulder in front and down part of the right leg and both sides of the back.
mainku pw intervened and persuaded barati and prabhu to go away.
barati then came up in appeal to this companyrt by special leave.
bisht who examined lekhai deceased on july 31 1967 at 3 .15 p.m. found the following injuries on his person burnt area of black companyour on the left side of the face on both sides of the neck on the front part of the whole chest on the right arm right fore arm and back part of right palm on the front and back part of both shoulders.
lekhai was then taken to the district hospital sitapur.
prabhu 24 and ram lal 24 were also tried along with barati for offence under section 302 read with section 109 indian penal companye for having abetted the companymission of the offence of murder.
they were neighbours and were well knumbern to each other.
on seeing them the three accused ran into the house of barati and closed the door from inside.
post mortem examination on the body of lekhai was performed by dr.
n. mulla and o. n. mohindroo for the appellant.
in the result the accused were acquitted.
the judgment of the companyrt was delivered by khanna j. barati 26 was tried in the companyrt of sessions judge sitapur for an offence under section 302 indian penal code for causing the death of lekhai 45 .
lekhai was at that time in a fit condition to make statement.
