H.C.MITAL, J. - (1.) State has preferred this appeal against the order of acquittal, dated 8-8-78, passed by Sri G. D. Chaturvedi, the then Additional Sessions Judge, Jaunpur, acquitting the abovenamed respondents u/ Ss. 302 and 307 both read with S. 34, IPC.
(2.) The facts leading to the prosecution of the respondents in the present case were that an incident had taken place on 20-7-71 at about 6.00 p.m. in front of Bhola Temple in village Dhania Mau, police station Baksha, district Jaunpur where a Mela was being held and at that time Deoraj and Deo Narain after getting down from the Bus proceeded for Darshan towards the Bhola Temple where at that time Bansraj, the complainant, Raghunath and Raj Narain, the two deceased, were present near the temple. After a few minutes Ram Chandra, Moti Lal and Jagat Niwas also reached there. Ram Chandra and Moti Lal were armed with knives and Jagar Niwas with a Karauli and at the instigation of Moti Lal, Jagat Niwas gave a Karauli blow to Deo Narain and Ram Chandra gave knife blows to Deo Raj. When Raghunath and Raj Narain, intervened, Ram Chandra gave knife blows to Raj Narain and Moti Lal to Raghunath. Both Raghu Nath and Raj Narain fell down dead at the spot. Immediately thereafter, a truck arrived at the place of occurrence wherein Bansraj carried the injured and the deceased to police station Baksha and submitted there a written report Ext. Ka 1 at 6-45 p. m., on the basis of which a case was registered. The two injured were sent to Hospital at Jaunpur. Deo Raj and Deo Narain were medically examined. After investigation, the respondents were charge sheeted and tried.
(3.) At the trial the prosecution examined in all 17 witnesses of whom P.W. 4 Bansraj complainant P.W. 2 Deo Narain, P.W. 3 Deo Raj, the two injured, and P.W. 5 Shobhnath are the eye witnesses of the occurrence. P.W. 1 Dr. G. C. Sharma had examined the injured Deo Narain and Deo Raj at the District Hospital, Jaunpur on 20-7-71 at 8-15 and 8-30 p.m. and noted the follwing injuries on their persons:- Injuries of Deo Raj vide Ext. Ka 6 1 - Incised wound 5-5 cm x 2.5 cm x muscle deep on the back of the chest right side over intra-scapular area. Margins were clean cut. Wound was bleeding profusely. Emphysema was not present. Injuries of Deo Narain vide Injury Report Ext. Ka-7 1 - Incised wound 2.5 cm x 1 cm x muscle deep on the outer side of Rt. deltoid muscle of right hand. 2 - Incised wound 2 cm x 0.5 cm x muscle deep on the back of the chest right side over intra scapular area. 3 - Abrasion 1 cm x 0.5 cm on the middle of right palm 7 cms below the base of right middle finger. In the opinion of Doctor Sharma all the injuries were fresh. They could be caused at about 6 p.m. and were caused by some sharp edged weapon like knife. They were, however, simple. P.W. 15 Dr. B. D. Sharma had done the autopsy on the dead bodies of Ram Narain and Raghunath on 21-7-1977 at 3.00 and 4.30 p.m. and noted the following Ante Mortem injuries:- Ante-mortem injury of Ram Narain vide post mortem report Ext. Ka 4 1 - Punctured wound 3" x 1" chest cavity deep (5") with clean cut margins on the left pectoral region of chest below the outer end of clavicle going obliquely down-ward and medially into the chest cavity. On internal examination there were punctured wounds in between 2nd and 3rd ribs. Pericardium was punctured and left auricle of heart was also punctured. Stomach contained semi digested Food. Small intestines were empty and large intestines were full of faecal matter. Injuries of Raghunath vide postmortem examination report Ext. Ka 5 Anti Mortem Injuries. 1 - punctured wound 1 1/2" x 1" x chest cavity deep with clean cut margins on the right side of the back of chest, 5" literal to mid line at the level of 5th thoras vertibra. Direction downwards and laterally. On internal examination 6th and 7th ribs of right side were quite cut. Pleura was also cut and right lung was punctured 1" x 1/4" x 1/2" in the lower lobe. Stomach contained semi digested food. Small and large intestines were full of faecal matter.;