H.C. Mittal, J. - (1.) State has preferred this appeal against the acquittal of respondents Ram Mohan, Naudu and Nanak under Sections 147, 307/149 and 324/149, I.P.C. and respondents Raj Mohan and Babu Lal under Sections 148, 307/149 and 324/149, I.P.C., by Sri B. B. S. Chaudhary, the then IXth Additional Sessions Judge, Kanpur, on 1-7-1978.
(2.) Rajendra Kumar son of Hari Shanker received knife injuries on 2-8-1974 at about 9.35 p.m. in Mohalia Shanti Nagar within the Police Station, Cantt. at Kanpur, the F.I.R. of which was lodged by his father Hari Shanker at 9.35 p.m. at Police Station Cantt at a distance of 3 furlongs. According to the prosecution, thereafter the injured was sent for medical examination to K. P. M. Hospital, Kanpur where at 9.55 p. m. Dr. Durga Shankar noted the following injuries on his person : (1) Punctured incised would 1" x 1/2" x 3" on right side of back 1/2" lateral to mid line at level of left vertebra bleeding. (2) Punctured incised would 11/4" x 1/2" x 3" x 1/2" lateral to injury No. 1 bleeding. (3) Punctured incised would 1" x 1/2" x 4" just at root of posterior axillary fold. (4) Incised would 3" x 1" x 1/2" on anterior medial aspect of right thigh 4" above knee joint.
(3.) Injury No. 4 was simple and rest were kept under observation. Subsequently when the condition of the injured deteriorated his Statement as dying declaration was also recorded by a Magistrate. He, however, survived and, therefore, a charge sheet under Sections 307, 148 and 149, I.P.C. was submitted.;