- (1.) Challenge in this jail appeal is to be judgment and order dated 09.05.2008 passed by Additional Sessions Judge (F.T.C.), Sonbhadra in Special Session Trial No. 30 of 2007 (Case Crime No. 55 of 2007: State of U.P. Vs. Lal Bihari Yadav), under section 302 IPC and section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the 'Act') Police Station- Kon, District Sonbhadra, whereby the appellant has been convicted under the aforesaid sections and has been sentenced to imprisonment for life under each section with fine of Rs.5,000/- and Rs.2,000/- respectively with default stipulation.
(2.) In nut-shell, the prosecution story as contained in the written report filed by complainant-Dharam Raj Gaud, son of Sri Saryu Gaud, R/O Village-Kachnarva Tola Khairvadagar, Police Station-Kon, District-Sonbhadra, at P.S. Kon is that he is a poor person and belongs to scheduled caste. On 1.4.2007, in the evening he was at his residence. His wife Smt. Sonmatiya Devi was returning from her parental village-Pipar Khad Tola Parsava and when at about 7.00 p.m. she reached near the field of Badri Yadav situated in Tola Bharnashili, accused Lal Bihari Yadav armed with Danda insulted and intimidated the deceased and started beating her. On her shrieks, the complainant, his brother Baij Nath Gaud, co-villager and several others rushed the spot and tried to save her, but the accused continued beating her. After sustaining fatal injuries, she fell down and died. The accused made his escape-good from the spot. It was further stated in the written report that on account of night he could not inform the police. He submitted the aforesaid report in police station-Kon at 6.20 a.m. on 2.4.2007. On the basis of this report, case at Crime no. 55 of 2007 under section 302 IPC and section 3(2)(v) of the Act, was registered, investigation whereof was entrusted to Circle Officer, Obra. The inquest on dead body of the deceased was conducted by Sub-Inspector V.B. Chaturvedi at the scene of occurrence on 2.4.2007 at 9.00 a. m. onwards. Along with usual papers, the cadaver of the deceased was sent for post mortem in sealed cover. Dr. U.P. Pandey, conducted post mortem on the dead body of the deceased at 3.00 p. m. He has found the following injuries on the person of 40 years old deceased: Ante-mortem injuries: 1.Lacerated wound scalp 5 cm x 4 cm x 8 cm above left ear. 2.Lacerated wound below lower lip over chin 3 x 0.5 x 0.7 cm. Fracture mandible bone. Callused blood clots present. 3.Abraded contusion right cheek 6 cm x 3 cm from ear to right eye. 4.Contused swelling left cheek below eye 5 x 4 cm. 5.Multiple abrasion over anterior neck. 6.Abrasion right arm 1 cm x 0.5 cm 6 cm above elbow. 7.Contused swelling back left 10 cm x 6 cm transverse just below scapula. 8.Abrasion back of elbow left 2 x 3 cm. 9.Contused swelling left forearm 6 x 8 cm fracture of radius and ulna. 10.Multiple contusion and abrasion whole back and (sic) on pressing. The doctor opined that the deceased suffered death due to head injury about 20-hours ago. Sri Girjesh Kumar, Circle Officer, Obra visiting the spot prepared site-plan and interrogated the witnesses. Sri V.B. Chaturvedi, took sample of plain and blood stained earth from the spot. The accused-Lal Bihari Yadav was apprehended by the villagers on 2.4.2007 and a written report to this effect scribed by Vinod Kumar was submitted at the police station and thereafter he was taken in custody by the police. Samples of earth along with apparels of the deceased were sent for analysis to Forensic Science Laboratory, Lucknow. The forensic laboratory found human blood on the clothes of the deceased but its origin could not be ascertained on account of disintegration.
(3.) After committal the case, charges punishable under section 302 IPC and section 3(2)(v) of the Act, were framed by the Sessions Judge, Sonbhadra on 9.8.2007. The accused abjured the guilt and claimed trial.;