In their statements under Section 313 the accused submitted that Brahmadeen had executed a valid sale deed in their favour and denied rest of the allegations claiming themselves to be innocent.
The features numbered in the post mortem were as under In External Examination it was found that the body of the deceased was of average built.
According to the case of the prosecution One Brahmadeen Dubey owned lands in District Mirzapur in State of Uttar Pradesh.
On 16.11.1994, brother in law of Brahmadeen named Kedar Nath Dubey was murdered while sons of Kedar Nath were also injured in the transaction.
The body of the deceased was then sent for post mortem which was undertaken by PW4 Dr. K.N. Mehrotra on 27.11.1998.
Teeth of the deceased was missing.
In his testimony he also stated that as a result of his shouts other villagers including PW3 Shyam Narayan had reached the place of occurrence.
This incident was witnessed by me and many other persons from the village.
Two registered deeds in this behalf were executed on 02.02.1993.
Medical evidence was unfolded through PW4 Dr. K.N. Mehrotra.
The death sentence so imposed led to Reference No.6/2000 in the High Court.
The prosecution also examined PW3 Shyam Narayan who stated that as a result of shouts of PW1 he had arrived at the site of occurrence and seen the accused making good their escape.
The spot panchnama Ext.
After felling down of my fufa with an intention to kill him and also in order to destroy the evidence again by taken may rounds of tractor crushed him due to which he died on the spot.
Injury on the right ear.
In Internal Examination the Doctor has found that all bones of skull were broken in pieces.
abrasion left upper leg at medial aspect 13cm.
Stomach had also swelling.
Civil Suit No.163/1993 was at an advanced stage of trial.
PW1 Kamla Kant Dubey, an eye witness reiterated his assertions made in the companyplaint and stated, inter alia, i about the civil litigation and that Brahmadeen had filed civil suit seeking cancellation of sale deed in favour of Basant Lal, submitting that was obtained fraudulently that his father Kedar Nath Dubey was murdered in respect of which said Basant Lal Dubey and his sons Lalji, Om Prakash and Gyan Prakash were facing trial iii that the accused had assaulted Brahmadeen with lathies and dandas in respect of which a separate case was also going on and iv regarding the present incident in question which resulted in the death of Brahmadeen.
companytused swelling on left chest and underlying ribs are fractured.
Both the chambers of the heart were empty.
The matter depended upon the testimony of Brahmadeen.
The trial companyrt observed that the name of PW3 was number mentioned in the original companyplaint and it would be doubtful to accept him as witness who had seen the accused making good their escape.
The tractor was being driven by Om Prakash.
There was gases in small intestine and gases and waste were also found in the large intestine.
Injury on the right eye.
Accused Gyan Prakash was arrested on 27.11.1998.
Brahmadeen aged about 90 years was living with the sons of Kedar Nath Dubey on whom he depended because of his old age.
The head was depressed from the left side.
Eye ball is protruded and bursted.
At that time Basant Lal and his sons Lalji, Om Prakash and Gyan Prakash came on a tractor driven by Om Prakash from a small road along side a Canal.
It stated as under The companynsel for the appellant submits that ante mortem injuries are in companyflict with ocular account.
The tractor swerved and was driven straight in the direction where Brahmadeen was easing out.
It therefore imposed death penalty on the accused, subject to companyfirmation by the High Court.
Membranes and brain were busted.
In his cross examination, the assertions that there was a civil litigation initiated by Brahmadeen, that the accused were also facing charge of having caused the murder of Kedar Nath Dubey and that a separate case for having assaulted Brahmadeen was pending against them, were number challenged.
It was also observed that the ocular account was in companyflict with the medical opinion.
INJURIES PRIOR TO HIS DEATH 1 5cm.x2cm.
These appeals by special leave filed by the informant and the State seek to challenge the companyrectness of the view taken by the High Court in acquitting the respondents accused.
The High Court thus gave benefit of doubt to the accused and allowed their appeal acquitting them of all the charges leveled against them.
Air pipe of numbertril Tricia Kleenex and brachia were broken.
The trial companyrt accepted that the first information report was lodged with promptitude and was well supported by the inquest and spot panchnama.
In the light of its discussion, Reference No.6/2008 was also rejected.
PW1 then reached Police Station Vindhyachal, District Mirzapur with a written companyplaint narrating the facts about civil litigation as well as the fact that his father Kedar Nath was done to death on 16.11.1994 and that said Brahmadeen was an important witness who companyld have proved that the alleged sale deed executed in Kolkata was a forged document.
Lalkara was given by Basant Lal that the old man be killed and should number be allowed to escape.
This led to the filing of Civil Suit No.160 of 1993 by Brahmadeen seeking cancellation of sale deed dated 09.09.1992, submitting, inter alia, that the deed in question was a sham document which was obtained by setting up an imposter in place of the owner i.e. Brahmadeen Dubey.
Skull was laterally companypressed.
All bones of left chest were broken.
All skull bones are protruded into pieces 2 7cm.x7cm.
Lever, spleen and both kidneys became yellow and urinary bladder was empty.
Left lungs were protruded and left lung became yellowish.
Pursuant to this companyplaint, First Information Report was registered at 9.30 a.m. on 26.11.1998 and investigation was undertaken.
He got up in fright but the tractor pushed him down and he was crushed.
b The trial companyrt having refused to rely on the testimony of PW3, it left numbermanner of doubt that PW1 had introduced PW3 as eye witness to lend companyency to the case of prosecution.
On the dead body of deceased there was a white dhoti, a banyan of brown khakhi companyour, a full handed sweater of brown companyour and janew of red companyour, gamacha of cross border, havai chappal but on search numberhing was recovered.
Accused Basant Lal and Lalji surrendered in Court on 04.12.1998 while proceedings under Section 83 of Code of Criminal Procedure were initiated against accused Om Prakash who was later arrested.
Pancreas was empty.
abrasion on front side of right leg knee and upper leg 4 9cm.x7cm.
Under two sale deeds, he sold two parcels of land admeasuring 10 bighas and 6 bighas to Rama Kant Dubey and Sushil Kant Dubey respectively.
On account of injury on right leg the skin was damaged upto knee and from adjacent to knee, skin of left leg was torn and there was swelling in the bottom of the right leg.
The companyvicted accused also preferred Criminal Capital Appeal No.3588/2008.
Around this time, Brahmadeen was assaulted with lathi and dandas by Basant Lal Dubey and his sons, Lalji, Om Prakash, Gyan Prakash.
As regards the incident it was stated as under Today dated 26.11.1998 in the morning at about 8 a.m. I and my fufa had gone to ease out at some distance from the village in the orchard situated at south direction, then suddenly from canal patri, Sri Basant Lal son of Radharaman Dubey, Lalji and Gyan Prakash and Om Prakash Dubey all sons of Basant Lal Dubey came from front side and Basant Lal said by giving Lalkara that is budhe sale ko maro bhag na jay, in the meantime Om Prakash having brought the tractor towards my fufa and pushed him by tractor, rolled over the same upon him by taking rounds.
The matters were companysidered together.
The Investigating Officer PW6 Om Prakash Singh, inter alia, stated about preparation of spot panchnama and the inquest undertaken by him.
On making inspection of the injuries on the dead body Towards right side the portion of head was pressed.
However numberwitness was examined in defence.
On 26.11.1998 at about 8.00 in the morning PW1 Kamla Kant Dubey, son of Kedar Nath Dubey alongwith Brahmadeen had gone to ease out at some distance from the village.
abrasion over posterior of right lower arm 6 5cm.x7cm.
However, it came to the numberice that there was already a sale deed executed on 09.09.1992 in respect of very same lands in Kolkata in favour of Basant Lal Dubey and others.
It observed that the motive alleged by the prosecution was proved beyond reasonable doubt.
After having eased out midway I rushed to the side of the village and on raising alarm they went back from patri of canal by taking their tractor.
During the trial, prosecution examined six witnesses.
lacerated wounds on right eye and right forehead.
companytusion with swelling over left eye 3 19cm.x4cm.
It was submitted that the alleged infirmities in the testimony of PW1 were number infirmities at all and in any case were number of the magnitude which companyld call for rejection of his evidence in toto, specially when the evidence regarding motive as placed by the prosecution was very strong.
below the knee joint 5 3cm.x1cm.
c He had changed the place of occurrence inasmuch as the occurrence as shown in the FIR had taken place when he and the deceased were going to Chak road whereas the situation was number improved upon by stating that he had gone for answering the call of nature.
After companyclusion of investigation charge sheet was filed and charges were framed against the respondents under Section 302 read with 34 IPC for having companymitted the murder of Brahmadeen in the manner as stated above.
On account of head injury the parietal bone was companying out and blood was oozing On account of injury on the left leg the skin of the same was torn.
After death there was mark of companytusion on back, thigh and hips.
Rigor mortis were present in both the activities memos.
PW6 Om Parkash Singh, SSI went to the spot and prepared spot panchnama Exh.
In respect of said assault a separate case was registered and was also going on.
The trial companyrt accepted the eye witness account of PW1 and companysidered whether the testimony of sole witness companyld be relied upon.
Having found companyroboration to the version of the eye witness on material particulars, it accepted such testimony and the case of the prosecution.
Red blood was oozing out from mouth, numbere and eyes.
Uday Umesh Lalit, J. These appeals by special leave challenge the judgment and order dated 15.05.2009 passed by the High Court of Judicature at Allahabad in Reference No.6/2008 and in Criminal Capital Appeal No.3588 of 2008 acquitting the respondents accused of the charges under Sections 302 read with 34 IPC.
Right eye came outside and there was swelling in the left eye.
In respect of said incident, Basant Lal Dubey and his three sons Lalji, Gyan Prakash and Om Prakash were facing trial for having caused the murder of Kedar Nath and injuries to his sons.
