- (1.) ONKARESHWAR Bhatt, J. State of U. P. has preferred this appeal against the judgment and order dated 23-10-1980 passed by the then VIIth Additional Sessions Judge, Gorakhpur. Respondent- accused Doodh Nath Rai alongwith 12 others were tried for the offences under Sections 147, 148, 302/149 and 307/149 IPC and were acquitted by the impugned judgment.
(2.) SRI S. K. Pal, learned A. G. A. and SRI Amar Saran, learned Counsel for the respondents have been heard. The deceased of this case is Deo Narain Rai. The deceased alongwith his brother Awadh Narain Rai P. W. 1 the informant and Sugriv Rai were returning on bicycles to their village Chandi after finishing their work at Tehsil Bansgaon on 7-2-1979. At about 5 p. m. when all the three were on the chak road in between village Sajiwan and village Chandi the deceased stopped for urinating. Awadh Narain Rai and Sugriv Rai went ahead of the deceased for about 20 paces and in the meantime from the wheat field which was towards west of the chak road eight accused- respondents, namely, Doodh Nath Rai armed with bomb, Bankey Rai armed with gun, Nitya Nand Rai armed with country made pistol, Raghav Rai armed with bomb, Chandra Dev Rai also armed with bomb, Sri Ram Rai armed with double barrel gun, Dharam Deo Rai armed with country made pistol and the accused Bhagwati Rai making exhortation came out. From the eastern side accused Kashi Rai armed with gun, Jai Prakash Rai armed with bomb, Gulab Rai armed with lathi, Deo Nath Rai and Narsingh Rai making exhortation came out. All the 13 accused fired with gun and threw bombs at them. The informant and Sugriv sped their cycles towards the village and raised alarm. However, all the accused after surrounding Deo Narain Rai assaulted him by gun, country made pistols and bombs. On alarm raised by the informant Dharamraj Rai P. W. 2, Mukti Nath Rai P. W. 3 and Ram Hazoor, P. W. 4, came and saw the occurrence. The report of the occurrence was lodged by the informant at Police Station Bansgaon on 7-2-1979 at 8. 40 p. m. When the FIR was lodged P. W. 8 Indrajeet Singh the Investigating Officer was present at the police station. On 9-2-1979 at 1. 30 p. m. Dr. P. N. Awasthi, P. W. 7, conducted the autopsy on the dead-body of the deceased. Following ante- mortem injuries were found by the doctor : (1) Blast injury with lacerated margins 4" x 4" x muscle deep on left knee inner side with blackening of skin and yellow colourisation at various places. (2) Multiple abrasions in an area of 6" x 3" infront of lower half right thigh. (3) Blackening on back yellow colourisation of skin in an area of 12" x 10" on lower part back. (4) Blast injury 6" x 6" x skin deep with blackening and yellow colourisation at various places on right buttock. (5) Gun shot wound 3/4" x 3/4" chest cavity deep on back of right side chest outer part 8" below shoulder and 6" away spinal cord. (6) Blast injury 3" x 2" x muscle deep on back of right ear with blackening and yellow colourisation of skin all round. (7) Blackening in an area of 6" x 6" on front of neck and front of chest in the middle line with yellow colourisation of skin at other places.
(3.) ON internal examination the doctor found that the fourth rib under Injury No. 5 was broken 1" x 1". Lacerated wound 1" x 1" was also found below Injury No. 5 in the right lung. Two corks and 166 metallic pellets were found in the lung. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of anti-mortem injuries. The accused-respondents have stated to have been falsely implicated due to enmity.;