SURESH KUMAR GUPTA,J. - (1.) Being aggrieved with the judgment and order dated 12.4.2018 passed by Additional Sessions Judge, Court No. 21, Shahjahanpur, this jail appeal has been preferred by appellant in S.T. No. 165 of 2014, Case Crime No. 395 of 2013, under sections 304, 504 & 506 I.P.C. in which appellant has been convicted under section 304 (II) I.P.C. for 5 years rigorous imprisonment alongwith fine of Rs. 10,000/- and in default of payment of fine six month further imprisonment. Appellant was acquitted under sections 304/34, 504 & 506 I.P.C. After depositing the aforesaid fine part of the same shall be given to the victim as compensation.
(2.) Brief facts of this case are as follows-: That on 7.9.2013 at about 7-8 P.M. lot of altercation happened between husband of complainant namely Sher Pal (deceased) and her neighbour namely Mausam Ali and this altercation continued for a long time. Complainant alongwith her daughters and her Jeth's son namely Ramesh (appellant) had tried to sort out the matter but all in vain. Then Ramesh inflicted two - three blow of stick on the head of Sher Pal and pushed him on the floor. Accused Mausam Ali is also involved in this incident. Thereafter complainant tried to take her husband to the hospital for treatment but could not do the same due to non-availability of vehicle, resultant her husband-Sher Pal had died on the spot. This occurrence was witnessed by several neighbours of the complainant. Thereafter, complainant scribed a report by Irfan and on the basis of that written report Ex. Ka-1 an F.I.R. was lodged (Ex. Ka-8) on 8.9.2013 at 00.30 mid night at police station Rauja against appellant-Ramesh and co-accused-Mausam Ali. Distance between the police station and place of occurrence is about 12 hours in North-East.
(3.) This case is entered in G.D. at serial no. 2 dated 8.9.2013 at 00.30 hours (Ex. Ka-2) and inquest report (Ex. Ka-4) as well as papers relating to autopsy is also prepared by SI Janki Prasad Sharma on direction of S.H.O. Afterward autopsy of deceased was done in district hospital by PW-5-Dr. R.S. Prasad. According to PW-5 at the time of alleged incident deceased was 45 years old and duration of death of deceased about one day. In medical examination following ante-mortem injuries were found on the body of deceased:- i. Lacerated wound 2.5 cm X 1 cm into bone deep on the right eye-brow. ii. Abraided contusion 4 cm X 2 cm on tip of nose iii. Contusion 6 cm X 3 cm on the left side of back 12 cm below the right tip of shoulder. iv. Contusion of 8 cm X 4 cm on left side back 10 cm below. v. Contusion 12 cm X 3 cm on left side of lower part of back just above left side of buttock. vi. Abraided contusion 7 cm X 3 cm on right side of back of chest 4 cm below tip of shoulder. vii. Contusion 8 cm X 2.5 cm on right side of back 9 cm below tip of shoulder. ;