- (1.) M. C. Jain, J. This appeal has been preferred by one Indrasan who has been convicted under Section 302 IPC and sentenced to rigorous imprisonment for life by judgment dated 20-8-1981, passed by Sri D. P. Srivastava, the then 5th Additional Sessions Judge, Gorakhpur in Sessions Trial No. 93 of 1980.
(2.) THE arguments were advanced in part on behalf of the appellant on 18-2-2003 by Sri Sharad Srivastava holding brief of Sri P. P. Srivastava, learned counsel for the appellant. On the date fixed for conclusion of arguments (12-3-2003), none appeared from the side of the appellant who is represented on record by the said Sri P. P. Srivastava, Advocate. We have heard Sri A. K. Verma, learned A. G. A. from the side of the State and propose to decide the appeal on merits. The deceased was one Jawahar who was murdered on 14-10-1979 at about 8 A. M. in village Marrie, police station Nichlaul, District Gorakhpur. The prosecution case was that in the said village there was a Government Gausadan (a campus with pasture land where cattle are brought up and looked after) spread in an area of about 562 acres. There were certain residential premises as well in the campus for the employees of Gausadan. The contract of growing grass in Gausadan was given by auction and one Harindra Singh was the contractor. Govarpal Harijan was one of the employees in the Gausadan. On account of his illness, his son Jawahar (deceased) was performing his duties in Gausadan. On 13-10-1979 at about 2 P. M. 30-40 cattle including she-buffaloes of Govarpal Harijan were grazing in the pasture land of Gausadan. Meanwhile, a person of the contractor Harindra Singh came over there and after collecting the cattle took them to Nichlaul and informed about this fact to the contractor. Thereafter, Jawahar and other owners of the cattle went to Harindra Singh and requested him to release their cattle. Jawahar also implored Harindra Singh to release his she-buffaloes. Harindra Singh permitted him to take away his cattle. He also released the cattle of other persons. On 14-10-1979 in the morning time Ram Prahlad, Sahdeo, Pratap, the appellant Indrasan, and 2-3 person were sitting in the verandah of Gausadan. The appellant had a lathi with him. Jawahar happened to arive there. Indrassan, who was the man of Harindra Singh, picked up his lathi and suddenly rushed towards Jawahar and gave a lathi blow on his head as a result of which he sustained head injury and fell down dying instantaneously. Ram Prahlad went to the house of Govarpal and informed about the fatal injury caused to his son. Govarpal rushed up to Gausadan and found his son lying there. He straightaway went to the police station Nichlaul, where he lodged the written F. I. R. the same day at 11. 05 A. M. The distance of the police station from the place of occurrence was about 6 miles. A case was registered and investigation came to be entrusted to S. I. Vinod Kumar Yadav PW 7. He arrived at the scene of occurrence, prepared the inquest report of the deceased and completed other formalities, whereafter the dead body was sent for post mortem which was conducted by Dr. S. N. Singh Chauhan PW 6 on 15-10-1979 at 2 P. M. He found a lacerated wound on left parietal region 5 cm x 1 cm x skull deep, 8 cm above left ear. Clotted blood and fracture of bone beneath the said injury was found. Semi-digested food was there in the stomach and small and large intestine were loaded with faecal matter. The cause of death was shock and haemorrhage owning to the above injury, which was found in ordinary course of nature to be sufficient to cause death. According to the Doctor, it had been caused by blunt object and the death could have occurred at about 8 A. M. on 14-10-1979. In support of its case, the prosecution examined in all seven witnesses. Ram Prahlad PW 1, Sahdeo PW 2 and Ram Pratap PW 3 were witnesses of fact, whereas Govarpal PW 4 was the father of the deceased but not an eye-witness.
(3.) THE defence was of denial and of false implication due to enmity. THE accused appellant further stated that when Harindra Singh was THEkedar of grass of Gausadan, he used to look after the affairs of Gausadan on his behalf. Govarpal, the witnesses of the case and the villagers often used to graze their cattle in the grass of Gausadan and he used to hand over their cattle at the cattle pond. According to him, they started nursing grudge against him resulting in false implication in this case. To begin with, it is pertinent to state that the F. I. R. of the incident was lodged by Govarpal -father of the deceased without loss of time. The incident took place on 14-10-1979 at about 8 A. M. and the F. I. R. was lodged by him at police station Nichlaul at 11. 05 A. M. The distance of the police station from the place of occurrence was six miles. He was not an eye-witnesses of the incident. The incident took place in village Marrie and this witness resided in village Bakuldiha which was at a distance of about 1 1/2 miles from Marrie. He was informed at his house about the incident by an eye-witnesses Ram Prahlad PW 1. Naturally, some time was consumed in Ram Prahlad PW 1 going to his house in village Bakuldiha and then the informant coming with him to the place of incident in village Marrie whereafter he went to lodge the F. I. R. All this being considered, there was no delay in the lodging of the F. I. R. and the possibility of any deliberation or concoction is completely overruled.;