VINOD PRASAD, J. - (1.) APPELLANT Kishori Lal alongwith his other socio criminises Nihore, Panna and Lalta, assaulted Sukhram (deceased), Ram Dular and ladies of informant Kallu Ram's (PW1), house with clubs (lathis), on 20.5.1979 at 5.45 p.m., in village Deora, P.S. Rohaniya, district Varanasi, at the informant's door as a result of which Sukhram expired after sometime. The incident was witnessed by Kharpattu Ram, Vamdev, Mithai and many other co-villagers who had rescued the victims. Kallu Ram (PW1), S/o of deceased Sukhram, scribed incident FIR, measured a distance of 8 Kms., and lodged it at P.S. Rohania, district Varanasi, same day at 8.10 P.M. as crime number 42 of 79, under sections 323 and 308 I.P.C. vide Ex. Ka.7.
(2.) OFFENCE was registered by Head Constable Sita Ram Rai, P.W.8, who had prepared the chik F.I.R., Ex. Ka.7, and the relevant G.D. Entry is Ex.Ka.8. He had also recorded recovery memo (Fard) Ex. Ka.9 regarding receiving of blood stained clothes of the deceased in a sealed condition. Injured Sukhram, was sent by the police for his medical treatment, through constable Ram Grahan Yadav and was examined same night by Dr. C.N. Shukla, P.W.ll, at 2 A.M. vide Ex. Ka.14 and following injuries were found on his person, vide his medical examination report, Ex. Ka 14:- "(1) Lacerated wound 21/2 cm. x 1/2 cm. x Bone deep over right side head 5 cms. Above middle of right upper erbitall margin, associated with traumatic swelling 11 cms. x 8 cm. around it. (2) Traumatic swelling 8 cms x 7 cms Over right side upper part face with echymosis both lids". In doctor's opinion both the injuries were caused by blunt object and were about 1/4 to 1/2 day old. After demise of injured Sukhram, inquest on his cadaver was performed by S.I. Ram Muni Rai, P.W.7, on 22.2.1979, who had prepared inquest report and other relevant documents vide Ex. Ka. 3 to Ka. 6 and thereafter dead body was dispatched for post-mortem examination, through Constable Balram Saroj, P.W.4, to B.H.U. Hospital, Varanasi.
(3.) AUTOPSY on deceased cadaver was performed on 22.2.1979 at 3.40 p.m. by Dr. A.K. Dwivedi, P.W.6. by inking post-mortem examination report Ex. Ka 2, a perusal of which indicates that the deceased was 65 years of age having fragile physical structure. Rigor Mortis was present all over his cadaver and there was a depressed fracture of his right side parietal bone 7 cm. X 5 cm. Subdural haematoma was present under the injury and deceased brain and membranes were lacerated and his stomach contained mucus. Small intestine contained semi digested matters and gases. Large intestine contained faecal matter and gases. In doctor's opinion cause of deceased death was coma as a result of head injury. S.I. Chhagi Prasad, P.W.9, had investigated the crime during, course of which he had interrogated and recorded the investigatory statements of the in formant-Kallu Ram and other witnesses. He had also prepared the site-plan map, Ex. Ka 10, and had collected blood stained clothes and soil and had inked it's memo Ex. Ka.11. On 23.2.1979 injured Suguni was interrogated and same day, after receiving information about deceased death, had converted the crime, from 308 I.P.C to 304 I.P.C. After finalising the investigation, I.O. had charge-sheeted the accused vide-- Ex. Ka. 12 on 20.3.1979.;