On companypletion of investigation the three accused respondents were charge sheeted.
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.
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.
Firstly, rasping the neck would take time and enable the witnesses to identify the assailants.
They reached near the company of the deceased Komal Ram.
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.
Accused Ram Naik was armed with a gandasa a butchers heavy knife, also used for chopping fodder grass .
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.
At about 3.30 a.m. on the night between 17th 18th May, Ram Bharose was awakened by Komal Rams screams.
The High Court has found the occular evidence number worthy of credence and the prosecution story shaky.
The story as narrated by Ram Bharose, Zhamman and Baijnath does number fit in with the medical evidence.
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.
Each of the torches is a three cell torch, i.e., a powerful one.
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.
Each one of the three eye witnesses states to be sleeping with a torch by his side.
The three accused and the fourth person all took to their heels having seen Ram Bharose and the two witnesses.
By the same or a similar weapon the deceased sustained an injury on the hand also.
Each of the witnesses brought his torch in the Court on the date of his examination and showed the torch to the Court.
Komal Ram was found dead having sustained a severe cut wound on the neck and another injury on the left hand.
The three witnesses state Ram Naik rasping the neck of the deceased while two companyaccused and one unidentified person were leaning over the victim catching hold of or pressing the hands, legs and face of the deceased.
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.
The medical evidence does number suggest the neck of the deceased having been rasped, i.e., by using like a saw, a weapon like gandasa.
The weapon of the offence was number recovered.
None of the witnesses explains how the victim sustained the injury on the hand.
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.
Secondly, the act of rasping the neck would certainly be resisted by the victim who would number remain stationary and therefore the two companyaccused and an unidentified person can be introduced in the incriminating story playing the part of holding the victim tied to the company.
The story of rasping the neck appears to have been introduced by the witnesses with dual purpose.
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.
Though it was moon lit, the trio flashed their torches and saw the three accused persons and an unidentified person standing surrounding Komal Ram.
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. LITTTTTTJ 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.
