- (1.) ONKARESHWAR Bhatt, J. State of U. P. has preferred this appeal against judgment and order dated 20-12-1997 passed in Sessions Trial No. 515 of 1982 by the Special Judge, Anti-Corruption/addl. Sessions Judge, Bareilly. By the impugned judgment accused respondent Ram Sewak was acquitted of the charge under Section 302 I. P. C.
(2.) CONSEQUENT to issuance of non-bailable warrant accused respondent was arrested and had been sent to jail. Sri Samit Gopal was appointed as amicus curiae for arguing the case on behalf of the accused respondent. Sri S. K. Pal, learned A. G. A. and Sri Samit Gopal, amicus curiae have been heard. Deceased of the case was Surendra Pal Singh Chauhan. He lived in village Padera Police Station Fatehganj (East) District Bareilly. Kumari Vineeta P. W. 1 is daughter of the deceased. The accused also lived in village Padera and neighbour of the deceased. The deceased was a teacher in a school in village Khera Bajhera. On 13-2-1992 the deceased was returning from his school towards his village on a cycle. Km. Vineeta was accompanying the deceased and sitting on carrier of the cycle. At about 5 p. m. when they reached near the field of Leeladhar and Hori Lal Gangwar the accused emerged from wheat field of Leeladhar. The accused was armed with a lathi. The accused gave a lathi blow at the back side head of the deceased due to which the deceased as well as Vineeta fell down. Vineeta ran away and came to her house and returned back to the place of occurrence alongwith his maternal uncle Virendra Singh P. W. 2. They found that the deceased was lying having injuries on his head. They carried the deceased to his house and from there he was taken to Primary Health Center, Faridpur. On reaching the hospital the deceased breathed his last. Report of the occurrence was prepared by Virendra Singh at the hospital itself and the same was given at police station Faridpur where a case was registered at 7. 10 p. m. Post- mortem examination on the dead body of the deceased took place on 14-2-1992 at 3. 30 p. m. by Dr. Narsingh Bahadur. Following anti-mortem injuries were found on the person of the deceased: (1) Lacerated wound 5 cm x 1 cm x bone deep on the top of head in middle. (2) Lacerated wound 7 cm x 1 cm x muscle deep on the left side head 12 cm above left ear under the left temporal bone. (3) Lacerated wound 8 cm x 2 cm x bone deep on the left side top of head 15 cm above left eye brow, parietal bone left fractured. (4) Lacerated wound 6 cm x 1 cm x bone deep on the left side back of head 10 cm behind and above left ear. (5) Lacerated wound 10 cm x 1 cm on the occipital region underneath, occipital bone fractured.
(3.) ON internal examination temporal, parietal and occipital bones were found fractured. In opinion of the doctor death of the deceased could have been caused at 5 p. m. on 13-2-1992 as a result of lathi injuries. Defence of the accused was that he was falsely implicated due to enmity of Virendra Singh P. W. 2. The accused further stated that on the date of occurrence he was attending his brother's wife at Faridpur hospital who had undergone operation of tubectomy. D. W. 1 Mohammad Mobin Khan had been examined in this regard. D. W. 2 Rudra Prakash had been examined to prove that Vineeta was not present in the school on 13th, 14th and 15th of February, 1992 and that she failed in the High School examination of 1992.;