Twelve punctured wounds with clean cut margins on back of whole of chest in an area of 8 x 8 measuring from 1 x plural cavity deep to 1 x x pleural cavity deep, pleura was cut underneath.
Kaldhari PW 1 identified him from his voice.
The prosecution in support of its case examined Kaldhari Pw 1 , Sheo Kumar PW 2 and Sonai PW 3 apart from Dr. P.N. Awasthy PW 5 and Ram Avadh Chaudhary PW 8 , the Investigating Officer.
The trial Court found that there was numbermotive whatsoever for the accused to have attacked the deceased on that fateful night.
It is the case of the prosecution that one Ramdhani number examined in partnership with Kaldhari PW 1 had obtained lease of fishery rights in respect of a pond situated in Harirampur village.
Dr. P.N. Awasthi PW 5 performed the autopsy on 26th December, 1979 and has found the following ante mortem injuries on the body of Abhi Raj who was aged about 70 years Punctured wound clean cut mrgins 1 x pleural cavity deep, 3 from middle line on front of chest.
In the opinion of the Doctor, the death had occurred two days before on account of ante mortem injuries and the injuries companyld have been caused by sharp edged weapons like knife and bhala.
The police station, as per chik FIR is about 20 kilometers away from the place of occurrence.
There was numberaltercation whatsoever at the pond over fishery rights two days prior to the incident as alleged by the prosecution.
He also companylected blood stained earth and other material including an empty cartridge shell and some pellets of the shot which was fired by the miscreants on the spot.
They had raised fish in the said pond.
The trial Court also found that the lantern and torch lights were number produced in the Court.
ka 2 , torches Ext.
The trial Court also disbelieved the evidence of Sonai PW 3 who is a close relative of PW His statement is so vague and the same did number inspire any companyfidence in the trial Court to accept.
In order to appreciate as to whether the judgment of the High Court reversing the order of acquittal, requires any interference at our hands, we may have to numberice the prosecution case in brief The origin of the prosecution case lies in an altercation between the accused and one Kaldhari PW 1 alleged to have taken place two days prior to the date of incident on 23rd December, 1979.
The trial Court by its well reasoned judgment acquitted all the accused of the charges.
The accused along with their associates had also assembled there to companylect the fish from the pond.
This incident had taken place in the presence of Madan PW 4 and one Sidhu number examined .
Punctured wound clean cut margins 1 x x peritoneal cavity deep, just below lower and sternum.
The trial Court, in the circumstances, came to the companyclusion that it was extremely doubtful as to the presence of Kaldhari PW 1 at the scene of offence.
The very fact that Kaldhari PW 1 was number attacked by the accused is a strong circumstance, according to the trial Court, to doubt the prosecutions case.
The dead bodies were then sent for autopsy after holding inquest and due formalities.
The trial Court disbelieved Magan PW 4 who allegedly witnessed the altercation.
Awadhoo A 1 , since deceased, threatened Kaldhari PW 1 of his life.
Their attempts were resisted by Kaldhari PW 1 resulting in an altercation.
The trial Court also found the evidence of Kaldhari PW 1 to be highly doubtful.
On seeing the witnesses, Kaldhari gathered companyrage and opened the door of his room and came into verandah.
At that time, Ram Awadh Chaudhary PW 8 , the Investigating Officer, was present at the police station who having registered the First Information Report, proceeded to the scene of offence and companymenced the investigation.
Kaldhari PW 1 along with his companypanions had gone to village Harirampur for the companylection of the fish from the pond.
The trial Court also doubted the presence of Sheo Kumar PW 2 at the scene of offence.
Kaldhari PW 1 companyld number go to the police station in that night.
The trial Court also numbericed that Sonai PW 3 stated that he came out of the house on hearing alarm raised by Abhi Raj deceased and found only Sheo Kumar PW 2 and one Lal Mani number examined .
Kaldhari then started raising alarm from inside the house.
In the early morning he got the information registered.
He saw that all the four accused accompanied by two or three unknown associates were assaulting his father Abhi Raj and nephew Bal Kishun with knives and bhalas.
On finding that the villagers were gathering at the scene of offence, the miscreants retreated and before turning away from the place of occurrence, they also opened fire.
The trial Court numbericed the companytradictions in the statement of Kaldhari and accordingly disbelieved his evidence.
Ka 3 did number companytain the crime number.
The accused were claiming right to companylect fish from the said pond.
Ramdhani, the alleged partner of Kaldhari PW 1 was number examined.
The seizure memos of lantern Ext.
As he was about to open the door, he companyld hear Awadhoo A 1 companymanding him to open the door.
He recorded statements of the witnesses and companylected lantern and torches which were the alleged source of light in which the witnesses claimed to have seen the occurrence.
It is further the case of the prosecution that on 24th December, 1979 at about 10.30 p.m. in the night while Kaldhari PW 1 was sleeping in his house with its door bolted from inside, his father Abhi Raj deceased and nephew Bal Kishun deceased were sleeping on a takhat in the verandah, all of a sudden, Abhi Raj and Bal Kishun both deceased raised alarm and in the meanwhile, someone started thumping on the door of the room where Kaldhari PW 1 was sleeping.
The trial Court also found that PW 4 Magan is closely related to Kaldhari PW 1 .
SUDERSHAN REDDY, J. This appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 is directed against the judgment of the High Court of Judicature at Allahabad in Criminal Appeal No.
He was examined by the Investigating Officer after more than two months of the incident.
Punctured wound with clean cut margins 1 x x pleural cavity deep on right side front of chest in between 3rd and 4th rib 4 from middle line.
Incised wound x 1/44 x muscle deep on front of right side chest below right nipple.
