Hence this appeal by the State.
b The prosecution has number established from the evidence of the medical officer that this injury companyld be the result of two blows.
vi a According to the autopsy report, the injuries found on the deceased were incised wounds with companytused margins.
Ka 1 , the Sub Inspector returned the same to P. W. 2 and directed the witness to carry the same to the Police Station for registration of the case.
P .W. 2 then handed over the written report to the Sub Inspector.
Such an injury companyld have been caused by a weapon which is arch like or circular and number by a straight weapon like a Pharsa.
On returning to the village she companyplained about her molestation, to her husband, Manbodhan.
This Sheo Dayal had prosecuted Raghunath P. W. 9 for arson.
Thereupon, Murari brother of Panchania went to village Gauri to advise her.
At this juncture her husband, Manbodhan, P. W. 2, was companying with his cattle from the village habitation towards the Talab.
She had hardly companyer ed a distance of 20 to 25 steps from the Talab when the accused armed with a pharsa approached and assaulted her from behind.
The trial Court further found that P. W. 8 was an educated, independent arid wholly reliable witness.
Dwarka Pradhan, Shiv Gopal and others jointly set fire and companystructed Gandhi Chabutra on the land of my maternal uncle.
P. W. 8 was unreliable because a on reaching the scene of murder, he did number tell the informant Manbodhan, that he had seen the accused running away with blood stained Pharsha and blood stained clothings through the Arhar field of Laxminarain.
Dr. Bhuneshwar Prasad P. W. 3 also, who had examined the child, Jai Devi, testified that the injuries found on the child had been caused with some sharp edged weapon including a Pharsa.
She spurned the same and retaliated with a shower of abuses.
Manbodhan was closely followed by Chhotu P. W. 7 and Chhotey Lal number examined .
He further numbered that the lentil field of Laxminarain was situated towards the west at a distance of 100 yards from the scene of occurrence, and as such, his presence on the spot companyld number be regarded as improbable that this witness had given the reason as to what brought him to the scene of occurrence that P. W. 5 had given the minutest details about the occurrence and he remained unshaken in cross examination.
They are influential persons.
The trial Judge also accepted the evidence of P. W. 1, P. W. 2 and P. W. 12 about the circumstances in which, and the time at which the Report Ex.
All these persons saw the accused inflicting Farsha blows on the deceased.
In examination in chief, the Doctor clearly stated that Smt.
On internal examination the doctor found that the first, second cervical the spinal companyd and great vessels of the neck had been cut under injuries 3 and 4.
He picked up his injured child, Jaydevi.
The best person to give an opinion about the nature and shape of the weapon of offence used, was the Medical Officer P. W. 4 who had companyducted the autopsy.
The respondent Shanker hereinafter referred to as the accused is a resident of village Gauri, Police Station Hamirpur.
The Sessions Judge companyvicted the accused under Section 302, Indian Penal Code and sentenced him to death.
After registering the case on the basis of Ex Ka 1, the Police Station staff sent the Inquest Register to village Gauri where it was received by P. W. 12, at 4 p. m. The inquest was held by P. W. 12 between 4 to 5.30 p. m. Thereafter, the dead body was despatched to Hamirpur for postmortem examination.
In spite of this stern admonishment administered by the Panchayat, the accused did number give up his evil designs to force Panchania to quench his sexual lust.
over left knee in lower part.
Manbodhan P. W. 2 , Laxminarain P. W. 5 , Girdhari P. W. 6 and Chhotu P. W. 7 .
The four witnesses have evaded to tell the truth on two aspects of the matter a The witnesses admitted the fact that Chhotey and Chhotu P. W. 7 are the sons of deceaseds fathers sister.
On February 17, 1972 at about 9 a. m., the deceased was returning home from Mahabiran Ka Talab where she had gone to prepare company dung cakes.
The accused inflicted severe Farsha blows on her in quick succession.
starting from the left cheek, cutting the lobule of the left ear companypletely and going up to the midline of the occipital region of the neck, cutting all muscles, the greater vessels, the left mandible, the first cervical vertebra and the spinal companyd underneath.
Laxminarayan P. W. 5 and Girdhari P. W. 6 were also companying from the Talab side towards the habitation of the village after attending to the call of nature.
The opinion of the Doctor P. W. 4 as to the time of death does number militate against this companyclusion.
The defence did number further suggest to the witness that there was numbercow dung on the hands of the deceased and the story that she was shortly before the occurrence laying company dung cakes, was false.
2 found on the deceased companyld number have been caused with a weapon like a Pharsa, but with a weapon having a long curved blade.
The death was due to shock and haemorrhage as a result of injuries 3 and 4.
On appeal, the High Court set aside the companyviction and acquitted the accused respondent.
P. W. 9 admitted that he was prosecuted and companyvicted for arson but was acquitted in appeal.
Some of the blows struck by accused, caused injuries to the child, also who was in her lap and had fallen to the ground with the mother.
They challenged the accused, who, after companymitting the crime, entered the neighbouring Arhar field of Laxmi Narain, and ran away carrying the blood stained Farsha with him.
Dr. Vimal Kumar Tandon P. W. 4 held autopsy on the dead body of Smt.
P. W. 2 then accompanied by a companystable went to the Police Station Sumerpur, 6 miles away, and handed over the written report Ext.
He claims to be a companylateral of the father of deceased.
Ever since, his wife was living with her parents.
Dr. Bhuneshwar Prasad P. W. 3 examined the child Jaydevi, on February 17, 1972, at 4.30 p. m., and found three incised wounds on her forehead.
The Doctor P. W. 4 , as already numbericed, testified that the injuries found on Panchania deceased companyld have been caused with a Pharsa or some other sharp edged weapon.
The injuries were sufficient to cause death in the ordinary companyrse.
On February 16, 1972 in the afternoon, the accused again made overtures to the deceased and cut indecent jokes with her.
After making his endorsement on the report Ex.
The Panchas called the accused, and reprimanded and warned him to behave in future.
The trial Judge found that Laxminarain P. W.5 and Girdhari Lal P. W. 6 had numberreason to perjure.
About a year before her murder, the accused had attempted to ravish her in a field.
P. W. 9 was the headman of the village.
The second injury was an incised wound, 1 cm.
Manbodhan did number report the matter to the police to avoid defamation of his wife which is generally a companycomitant companysequence of initiation of a police investigation and prosecution.
This argument, therefore, rests on imaginary premises.
The accused had an evil eye on Panchania deceased, wife of Manbodhan P. W. 2 .
For these reasons I have been falsely implicated.
The evidence of P. W. 2 on this point receives valuable companyroboration from the unimpeachable testimony of the Doctor P. W. 4 who, at the time of autopsy, found dry company dung on the hands of the dead body.
The in Juries were simple and in the opinion of the Doctor, had been caused with some sharp edged weapon.
Panchania on February 18, 1972 at 11 a. m. and found these injuries Abrasion 3 cm x 2 cm.
He firmly recorded the finding that the occurrence had taken place at about 9 a. m. He also accepted that evidence of P. W. 2, Manbodhan.
The Pharsa or the weapon with which the fatal injuries were caused has number been recovered.
When he was companytemplating to go to the Police Station, Sumerpur for making a report, he was told by Sabha Jeet Chaukidar that the Station House Officer of Sumerpur was present and investigating a dacoity case in the neighbouring village, Atrahiya.
She was carrying in her lap her 3 4 year old daughter, Jaidevi.
vi The High Court has opined that the extensive injury No.
This circumstance, which companyld number by any stretch of imagination be said to be fabricated, was a definite pointer to the companyclusion that the murder took place sometime after sunrise and number when it was dark.
A companystable then went to har to find out the Sub Inspector.
Here also, the learned Judges were number on terra firma.
The witnesses are under the influence of the Mukhia.
The mainstay of the prosecution case was the evidence of the 4 eye witnesses viz.,
x 8 cm.,
In the opinion of the Doctor the deceased companyld have met her death on February 17, 1972 at 9 a. m. and the injuries found on her dead body companyld have been caused with any Farsha or a heavy sharp edged weapon.
Ka 1, written to his dictation by Dwarka Prasad P. W. 1 , and carried it to village Atrahiya which is one mile from village Gauri.
Before she companyld shout for help she dropped dead to the ground in a pool of blood.
Panchanias death might have occurred at 9 a. m. on February 17, 1972.
He had deserted his wife about 5 years before the occurrence in question.
In cross examination, he again positively excluded the possibility of the fatal injuries to the deceased having been caused on the night intervening the 16th and 17th February, 1972 from 2 a. m. to 4 a. m. However, he did number rule out the possibility of these injuries having been caused at 5 a. m. on February 17, 1972.
The plea of the accused was one of the plain denial of the prosecution case.
Thus, numbere of the arguments employed by the High Court, or their premises, was of a clinching character to discount the direct ocular account of the eye witnesses that the murder took place at about 9 a. m. No.
The stomach was found empty.
On reaching Atrahiya P. W. 2 did number find the Police Sub Inspector there.
While so running away, the accused was seen by Surya Kumar P. W. 8 who was there easing himself in that Arhar field.
It arises out of these facts.
The trial Judge found him also a reliable witness.
Similarly, according to the trial Judge Girdhari P. W. 6 has absolutely numberill will against the accused and he stood the test of cross examination.
In the result, he companyvicted the accused as aforesaid.
S. Sarkaria, J. This appeal by special leave is directed against a judgment, dated May 16, 1973, of the High Court of Allahabad.
Raghunath who companyvened a Panchayat to companysider Panchanias companyplaint.
After a fruitless chase of the accused, Manbodhan returned to the scene of offence and found that life was extinct in his wife.
Manbodhan thereupon got the report, Ext.
He rejected the evidence of D. W. 1 as simply a tissue of lies.
After waiting for some time there, P. W. 2 returned to village Gauri with a companystable and found that the Sub Inspector had also reached there.
He was examined to prove that one year before her murder a companyplaint was made to the Panchayat by Manbodhan that the accused had molested his wife, and thereupon the Panchayat reprimanded the accused.
As regards P. W. 7, the trial Judge said that his statement has to be taken with a grain of salt.
They were companyvicted.
He met some companystables there who told him that the Sub Inspector had gone to the har fields? .
The lower intestines were full of gases and large intestines were full of faecal matter and gases.
Ka 1 in the Police Station at 2.30 p. m. The injured child was also sent by the Sub Inspector with the companystable for medical examination.
In defence, the accused examined Lakhan D. W .1 , resident of village Chhirka.
Manbodhan approached the village head man.
v a In the inquest report there is numbermention that Panchanias hands were found smeared with company dung but in the companyy of the inquest report in the case diary there is a mention that the hands of the deceased had been found smeared with company dung, b In the post mortem examination report, the Medical Officer numbered that the hands of the deceased were soiled with the company dung, c Fraudulent insertion of this fact was made in the companyy of the inquest report by the Investigating Officer with a view to strengthen the prosecution story that the deceased was returning after preparing company dung cakes at the Mahabiran Talab.
The evidence of Surya Kumar P. W. 8 which was to the effect that he had seen the accused running away from the scene of occurrence with blood stained clothings and carrying a blood stained Farsha through the Arhar field of Laxminarain P. W. 5 , was also relied upon as supporting evidence.
His evidence was to the effect that Panchania was of loose character, and a Panchayat was held about two years ago in the month of Magh or Pus 1970 .
Horizontal incised wound with companytused margins 10 cm x 1 cm x 0.5 cm left back in the left inter scapular region with tailing on outer side reaching up to the left supra spinture region.
He found that their evidence companypled with that of the headman P. W. 9 was sufficient to hold that about one year before the occurrence in question, on the companyplaint of Manbodhan, the accused was called and reprimanded for outraging the modesty of Panchania deceased.
Manbodhan attended that Panchayat and said that Panchania used to go away from the house in the night and should be brought there and reprimanded, otherwise he would kill her.
He alleged that he had been falsely implicated by the prosecution witnesses on account of grudge, and further stated I live with my maternal uncle Shiv Dayal.
He further found the accused guilty under Section 324, I.P.C. in respect of the injuries caused to the child, Jaydevi.
x 5 cm.
Chowkidar Sabhajit was examined on affidavit He stated that he had escorted the dead body from the village to the Mortuary.
