P.N.Goel - (1.) LILADHAR appellant, resident of village Raipur-Ka-Mazra, police station Shahabad, district Rampur has been convicted and sentenced under Sees. 304 and 323 of the Indian Penal Code to suffer R. I. for 5 years and pay a fine of Rs. 400/- and R. I. for 3 months; respectively.
(2.) GHASI, Tara and Jhanjan, real brothers inter se, nephews of Liladhar appellant were acquitted. The occurrence took place on 26-5-1976 at about 3'30 P. M. in the market of village Saifni, police station Shahabad, district Rampur. Bhoore (P. W. 1) and his brother Banne deceased had placed their shop of water melons in the market. Dilshad, nephew of Bhoore, was having a shop of Banyans in front of the shop of Bhoore. A person with a cycle was standing at the shop of Dilshad A cart of Liladhar loaded with water melons driven by hands came in the Rasta between the shop of Bhoora and Dilshad. The cart happened to dash against the bicycle which fell down upon Dilshad. Dilshad asked Liladhar as to why he was not carrying the cart cautiously. Liladhar gave 3 or 4 slaps to Dilshad. Thereupon Bhoore and Barane came up and asked Liladhar as to why he had slapped Dilshad. Liladhar then picked up a lathi from his cart and gave a blow to Banne. It is said that Ghasi, Tara and Jhanjan also assaulted Banne and Bhoore with lathis. On account of the injury received Banne fell down and ultimately died on 27-5-1976 al 6 45 A.M. On the date of occurrence at 4:30 P. M. Bhoore lodged verbal report of the occurrence at the police station about 3 furlongs from, the scene of occurrence. Thereafter Banne and Bhoore were examined by Dr. S. K. Sharma, Medical Officer, Primary Health Centre Shahabad, Rampur between 5:15 and 5:45 P. M. On the person of Banne following injuries were found : (1) Lacerated wound 2 cm x 1/4 cm x muscle deep on the scalp right side 8 cm. above the mid of right eye brow. (2) Contusion 8 cm x 6 cm on the scalp left side just above the root of the left ear. (3) Lacerated wound 1-1/2 cm x 1/4 cm muscle deep on the scalp right side 8 cm above the outer end of right eye-brow. (4) Contusion 4 cm x 2 cm on lower eye lid of right eye. Banne was unconscious. His pupils had dilated. Dr. Sharma felt that there was fracture of the skull bones. Therefore, he advised that his skull be X-rayed. He referred Banne to the District Hospital. On the person of Bhoore following injuries were found : (1) Lacerated wound 2 cm x 1/2 cm x skin deep on left side face just in front of left pinna. (2) Contusion 6 cm x 2 cm on left side scapular region.
(3.) THE autopsy conducted on the dead body of Banne on 27-5-1976 at 4:50 P. M. revealed communited fracture of valut of skull in an area 31 cm x 21 cm on frontal both parietals, temporals and occipital bones. On account of this fracture there was extravasation of blood in the scalp and membranes had lacerated as well as the brain was contused. Dr. Misra expressed the opinion that Banne died of head injury. The case was investigated into by Virendra Kumar Singh S. I. (P. W. 5).;