Imtiyaz Murtaza, J. - (1.) Two appeals have been preferred by three appellants against the judgment and order dated 19-12-97 passed by Special Sessions Judge, Lalitput in S.T.No. 20 of 1993 where by the appellants Ghanshyam Sharma and Ram Narain have been convicted under sections 323/34, 342 Indian Penal Code and sentenced to 6 months R.I. on each count and appellant J.B. Katariya has been convicted under section 302 Indian Penal Code and sentenced to imprisonment for life and under section 342 Indian Penal Code for 6 months rigorous imprisonment. Third appeal is filed by the State against acquittal of J.B.Katariya under section 7/13 of Prevention of Corruption Act and against acquittal of Ghanashyam Sharma and constable Ram Narain under section 302 Indian Penal Code All the appeals arise out of the same judgment, therefore they are decided by this common judgment.
(2.) The prosecution case in short is that complainant's nephew Virendra Singh was doing medical practice in village Sojna. On 6-3-87 at about 2.30 in the night he had some altercation with Shiv Nayak Singh. Pairokar of police station Sojna in front of Aata Chakki of Purshottam Namdeo. The altercation had taken place when the Pairokar was in a drunken condition and he was accompanied with another constable whose name was subsequently disclosed as Pahalwan. The altercation had started when two constables had started abusing Virendra Singh. After the said occurrence his nephew had run away. The F.I.R. was lodged at police station Sojna by constable on 7-3-87 at 3.05 a.m. under section 307 Indian Penal Code against his nephew Virendra Singh and the case was entrusted to S.I.R.K. Tewari for investigation. Virendra Singh was arrested by the police and was brought to the police station by S.O. J.B. Katariya and two constables Ghanshyam Sharma and Ram Narain. On the way to the police station he was beaten and detained at the police station where he was beaten mercilessly by the Station Officer where he succumbed to his injuries. The informant Bhoopat singh maternal uncle of the deceased lodged the first information report at police station Sojna on 9-3-87.
(3.) Dr. C.N. Shukla (P.W.8) and Sr. S.S. Singhal jointly conducted autopsy on the dead body of Virendra Singh on 9-3-87 at 4.00 p.m. According to Dr. Shukla, deceased had following ante mortem injuries on his person.:- 1. Abraded multiple contusion in an area of 59.0 cm x whole circumference of left leg including over leg and anteromedial aspect of lower part of thigh not possible to measure the size of individual contusion on dissection large amount of blood present in soft tissue underlying the injury. 2. Contusion 10.0 cm x 2.5 cm on anterolateral aspect of left thigh lower part. 3. Contusion 11.0 cm x 4.0 cm on back of left thigh lower part. 4. Contusion 4.5 cm x 3.0 cm on middle part back of left thigh. 5. Contusion 11.0 cm x 3.0 cm on lateral aspect of left buttock. 6. Multiple contusion : in an area of 43.0 cms x whole circumference of right leg including knee lower part of thigh not possible to measure the size of individual contusion. On dissection large amount of blood present in soft tissues. 7. Contusion 10.0 cm x 3.0 cm on back of right thigh upper part. 8. Contusion 10.0 cm x 3.0 cm. On back of right thigh, posterolateral aspect. 9. Contusion 18.0 cm x 10.0 cm on posteromedial aspect of middle of right thigh. 10. Contusion 5.0 cm x 4.0 cm on just behind right anterior superior illiac spine. 11. Abraded multiple contusions in an area of 55.0 cm x whole circumference extending from middle part of right upper arm including elbow, forearm and hand not possible to measure size of individual contusion. On dissection large amount of blood present in soft tissues. 12. Contusion 12.0 cm x 6.0 cm on posterolateral aspect of right shoulder and deltoid region. 13. Abraded multiple contusions in an area of 29.0 cm x whole circumference extending from middle of left upper arm including elbow and forearm, not possible to measure size of individual contusion. On dissection, large amount of blood present in soft tissues. 14. Multiple abrated contusion in an area of 26.0 cm x whole circumference. 3.0 cm below the injury No. 13. upto fingers not possible to measure size of individual contusion. On dissection large amount of blood present in soft tissues. 15. Multiple abrasions in an area of 7.0 cm x 1.0 cm on right side face, molar and zygomatic region. 16. Multiple abrasion in an area of 3.0 cm x 1.5 cm on left half of chin. 17. Abrasions 4.0 cm x 1.0 cm. Over mucusal surface of upper and lower lips, outer aspect of left side. 18. Abrasions 4.0 cm x 1.0 cm. over mucus surface of upper and lower lips, outer aspect of right side.;