ONKARESHWAR BHATT, J. - (1.) STATE of U.P. has preferred this appeal against judgment and order dated 22-12-1980 passed by the then II Addl. Sessions Judge, Jhansi in Sessions Trial No. 140 of 1979. The accused respondent was tried and acquitted under Section 307 IPC.
(2.) WE have heard Sri M.C. Joshi, learned AGA for the State and Sri Ramesh Sinha for the accused-respondent as Amicus Curiae. Accused-respondent, Bhagirath, was residing in a portion of the house of informant, Gajju PW 3 in Mohalla Mahaviran police station Prem Nagar District Jhansi as a tenant. The injured of the case. Smt. Quiyan, PW 2, is the wife of the informant. The informant's elder son was married. The daughter-in-law of the information had illicit connection with the accused. Therefore, according to the custom of Biradari separation of Bhagwan Das and his wife had taken place about two months prior to the occurrence and she was living at her parents' house. Due to the above separation the accused felt bad because he used to talk to her. He used to say that she had to be provided with food and clothes and that the informant had to keep her. On 29-6-1979 at 9 p.m. injured, Smt. Quiyan went to ease herself behind railway boundary wall, which had an opening because some portion of it had broken. One electric pole was situated nearby which was emitting light. At that time accused armed with Banka came and started assaulting her. She raised alarm which attracted PW 1, Paragi Lal and Kanhaiya Lal, PW 5, who were sitting at the temple of Shanker Ji which was near the place of occurrence. Her husband, Gajju, PW 3 also reached there . The accused ran away on seeing them towards the bungalow of Major Khan. Blood had fallen at the place of occurrence. After departure of the accused Gajju and Paragi Lal took the injured to nursing home, then to Government dispensary and them to medical college, Jhansi. At the medical college Paragi Lal, PW 1, prepared a written report on the dictation of Gajju. The written report was given at the police station Prem Nagar on 30-6-1979 at 2 a.m. on the basis of which a case was registered. PW 8 P.N. Chaturvedi alongwith the Station Officer started investigation and proceeded for medical college. In the way outpost Pulia No. 9 fell. The Station Officer instructed the Head Constable, Vishwanath Singh and two other constables that the accused should be apprehended as he had run away towards the bungalow of Major Sahab, Head Constables, Sant Kumar, PW 4 of outpost No. 9 was on patrol duty alongwith Head Constable, Vishwanath and two other constables. He has stated that instruction for search of the accused was given by the Station Officer. On information they reached in the gate yard of Bijauli where accused was apprehended at 2.25 a.m. in the night on 29/30-6-1979 alongwith Banka.
(3.) DR . Ashok Kumar Gupta, PW 9 was on emergency duty in the medical college. On 30-6-1979 he examined the injuries of Smt. Quiya at 12.45 a.m. Following injuries were found on person: (1) Incised wound 3-1/2" x 1/2 in size situated over right side of scalp obliquely placed not crossing the midline. Bleeding profusely cut end of scalp bone felt. (2) Another incised wound on left side of scalp 2-1/2" x 1/2" in size situated behind the ear upto the parietal eminence on left side. It is scalp deep. Bleeding profusely. (3) The point of Pinna is cut in left ear attached with flinge of skin. Bleeding profusely. (4) An incised wound 1" x 1/4" in size placed behind the ear 1/2" below the mastoid process. Bleeding profusely. (5) An incised wound situated on right upper arm 2-1/2" x 1/2" in size 3" above the lip of olecranon process. It is transversely placed. The exposed out muscles of arm can be seen. It is muscle deep. (6) Incised wound 3" x 3/4" in size situate obliquely on radial aspect of right fore-arm 3" proximal to shyloid process of radius and 5-1/2" distal to olecranon process of right elbow. It is bleeding profusely and muscle deep. (7) Incised wound in the web space between thumb and right index finger. It is deep upto base of thumb and bone are exposed bleeding profusely. (8) An incised wound over vault of scalp obliquely placed 2" x 1/2" in size bone deep, bleeding profusely. (9) Incised wound situated on back of wrist (Lt. hand) 3" x 1/2" in size bleeding profusely bone cut and exposed. It is obliquely placed. (10) Complaining of pain left shoulder joint. No sign of external injury. ;