Government Appeal No.
There were some proceedings under Section 107 of the CrPC between P.W. I and his pattidar, Ram Narain Rai and these appellants were siding the opponent of P.W. 1, In this background on 16.10.1968 at about 7.30 a.m. when P.W. 1 was urinating at the back of his house, Radhe Raman shouted and P.W. I rushed out and saw the appellants beating Radhe Raman with lathis, about 15 paces away from the house.
In the appeal the High Court accepted the case of the prosecution that the occurrence had taken place at 7.30 a.m. in front of the house of the deceased and P.W. 1.
2 and 3 alleged to have been recovered from them by the Investigating Officer, had number been sent for chemical analysis, the trial companyrt refused to place any reliance on evidence of P.Ws.
The defence of the appellants was one of denial and it was their case that the occurrence has taken place 21/2 kilometers away from the house of the deceased at about 4.30 a.m. and that the case has been foisted against them falsely because they were siding the opponent of P.W. 1 in the proceedings taken under Section 107 of the CrPC.
As stated already P.W. 1 is the father of the deceased Radhe Raman.
1 to 3 that P.Ws.
P.W. 3 Chandrama Devi is wife of he deceased.
In that First Information Report, P.Ws.
2 and 3.
These injuries have been found by Dr. N. Dutta, P.W. 5 who companyducted autopsy on the body of the deceased, to be sufficient generally to cause death and to have been due to assault with lathis.
P.W. 1 shouted and wanted to stop the appellants from beating the deceased but they beat him up also with lathis.
6 of 1970 in which the appellants were found guilty of offences under Sections 302, 323 I.P.C. both read with Section 149 I.P.C. and under Section 147 I.P.C. They have been sentenced to imprisonment for life under Section 302 read with Section 149 I.P.C. and to rigorous imprisonment for one year each under Section 323 read with Section 149 I.P.C. and Section 147 I.P.C. The appellants were acquitted by the learned Sessions Judge, Azamgarh.
2 and 3 had become stained with blood and had been seized by the investigating officer, it is improbable that he would number have sent them for chemical examination especially having regard to the fact that the clothes seized from the body of the deceased had been sent for that purpose.
6 of 1970 was filed against the acquittal by the trial companyrt.
The learned Sessions Judge accepted the case of the defence that the occurrence had taken place 2 1/2 kilometers away from the house of the deceased and P.W. 1 and number in front of their house.
2 and 3 were seized by the police is an improvement of the case of the prosecution.
In that view and also because the blood stained clothes of P.Ws.
1, 2 and 3 and expressed the view that the discrepancies found in the evidence of P.W. 1 ar number material Thus the High Court found the appellants guilty under Section 302 I.P.C read with Section 149 I.P.C. with reference to the death of the deceased Radhe Raman and under Section 323 I.P.C. read with Section 149 I.P.C. with reference to the injuries to P.W. 1 and also under Section 147 I.P.C. on the evidence of P.Ws.
P.W. 1 also had as many as nine lathi injuries.
1 to 3 and companyvicted them and sentenced them as mentioned above.
2 and 3 have number been sent to the Chemical Examiner and P.Ws.
2 and 3 and some others are named as eye witnesses.
It is true that the clothes of P.Ws.
2 and 3 fell over the body of the deceased when he was being attacked by the appellants and that their clothes became stained with blood.
1, 3, 5, 6 and 14 were lacerated injuries and the others were companytusions and abrasions.
This would number, however, improbablise the presence of P.Ws.
Before us the learned companynsel for the appellants companytended that the occurrence had taken place at about 4.30 a.m. and number at 7.30 a.m. and that the deceased had been attacked only about 2 1/2 kilometers away from the house by some others and number in front of the house of the deceased and P.W.I. He further submitted that the evidence of P.Ws.
Radhe Raman received as many as 34 injuries of which injuries Nos.
I to 3 have stated in their evidence that P.Ws.
The presence of P.W. 1 at the scene of the occurrence when the deceased Radhe Raman was attacked companyld number be disputed and as a matter of fact it was number disputed before us by the learned companynsel for the appellants.
2 and 3 should number be believed on the ground that they companyld number have been present at the scene of the occurrence situate 2 1/2 kilometers away from their house at the time of the occurrence and that if they had fallen on the body of the deceased during the occurrence and their clothes became blood stained as stated by them in their evidence, it is improbable that their clothes would number have been sent for chemical analysis.
The First Information Report about the occurrence was given by P.W. at the Police Station situate six miles away from the scene of occurrence at 11.30 a.m. on the same day.
The case of the prosecution rests on the evidence of P.Ws.
Varadarajan, J. This appeal has been filed against the judgment of the Allahabad High Court in Government Appeal No.
If the clothes of P.Ws.
The appellants Udho Rai and Ramesh Rai are brothers who are living close to the house of the deceased and P.W. 1.
2 and 3 fell over the body of the deceased for protecting him from further attack by the appellants and that the clothes of P.Ws.
Thus the trial companyrt found that the appellants were number guilty and acquitted them.
1 to 3.
The trial companyrt refused to accept the evidence of even P.W. 1 due to certain discrepancies in his evidence.
The High Court accepted the evidence of P.Ws.
After receiving the injuries Radhe Raman fell on the ground and the appellants companytinued to beat him even thereafter.
Therefore, we are of the opinion that the evidence of P.Ws.
P.W. 2 Meena Kumari is daughter of the deceaseds sister.
