- (1.) AMAR Saran, J. This Criminal Appeal arises from the judgment and order dated 28-3-1981 passed by the Additional Sessions Judge-I, Azamgarh in Sessions Trial No. 181 of 1978 whereby the appellant has been convicted under Sections 304 Part-I IPC and 323 IPC and sentenced to ten years RI and one year RI respectively for the aforesaid offences. However, both the sentences were directed to run concurrently.
(2.) INITIALLY, there were four accused persons in this case, but three accused persons namely Rajendra Nath, Ripusudan and Sarvjeet were acquitted by the trial Court by the aforesaid judgment and only the appellant was convicted as aforesaid. Shortly stated, the prosecution case was that the informant Sheo Harakh, son of Algoo Yadav had a shop in Rajendra Nagar, (Adampur) in District Azamgarh. On 28-5-1976 at about 5. 30 p. m. the appellant arrived at the shop of the informant to purchase soap and spices. The appellant wanted to purchase the aforesaid items at a lesser price, which was not agreed to by the informant, hence the appellant started abusing the informant. On the objection of informant, the appellant departed and thereafter arrived there with the co-accused Rajendra Nath, Ripusudan and Sarvjeet. They assaulted the informant with lathies. On the informant's cries, his father Algoo, and his uncle Ramdeo, who arrived there were also belaboured with lathies. Some other witnesses also arrived at the spot who saved the life of the informant, his father and his uncle. Informant's father Algoo become unconscious as a result of the assault. Informant Sheo Harakh alias Harsh Yadav alias Ram Harakh scribed the report (Ext. Ka-1) and proceeded to police station Madhuban carrying his injured father and uncle on a bullock cart. He lodged the report at the police station, which was three miles away, on 28-4-1976 at 9. 05 p. m. Head Moharrir, Praduman Rai PW 5 took down the chik F. I. R. on the basis of the informant's written report. He prepared the letter for medical examination and sent the injured to the P. H. C. , Madhuban. Dr. M. L. Jaiswal, PW 7, Medical Officer at the P. H. C. Fatehpur Mandav conducted medical examination of the injured Ramdeo on 25- 4-1976 at 10. 30 p. m. as no doctor was available at the Madhuban State Dispensary. He found the following injuries on the person of Ramdeo: " (1) Contusion 17. 7 cm x 3. 4 cm longitudinally placed on the right side back, colour red. (2) Contusion 13 cm x 2. 5 cm on the middle of back, transversely placed, colour red. (3) Contusion 10 cm x 2. 8 cm right side back in the middle transversely placed just above the injury No. 2. (4) Swelling 3. 4 cm x 2 cm on the back of right side neck. (5) Abrasion 0. 9 cm x 0. 8 cm on the front and upper left knee joint. (6) Abrasion 1 cm x 1 cm on the front and lower part of left knee joint. (7) Complained of pain on the left thigh and right knee joint, but there was no mark of any external injury. "
(3.) THE above injuries are mentioned as Ext. Ka-8. As the condition of his father Algoo was serious, he was sent to Sadar Hospital by the doctors of P. H. C. , Azamgarh. As the informant could not get any transport on that day, he took his father to the Sadar Hospital on the next day, i. e. 29-4-1976. However, Algoo died on 29-4-1976 at about 10. 25 a. m. without ever recovering from unconsciousness.;