- (1.) CHALLENGE in this appeal is to the judgment and order dated 30.1.2010 passed by Sri M. S. Verma, the then Addl. Sessions Judge, Court no. 9, Fatehpur in S.T. no. 557 of 2005 (State Vs. Ajay Kumar Shukla) arising out of Case crime no. 140 of 2005 u/s 304 IPC, whereby the appellant had been convicted for the offence punishable u/s 304 -II IPC and sentenced to undergo 8 -years' rigorous imprisonment and fine of Rs. 5,000/ - with default stipulation.
(2.) SHORN of details, the prosecution story was that on 4.7.2005 at 2:15 a.m. a written report was lodged by complainant Triloki Nath alleging that on 3.7.2005 at about 8:00 p.m. while he was at home, Rajjan Nai came to take medicines from his brother Dhirendra Kumar Shukla and as them came out of the room, accused Chhottan Shukla armed with lathi came there and started assaulting his brother saying that why is he helping his father? His shrieks attracted nephew Sudhir (s/o Dhirendra) and Prem Dutt Shukla. This incident was seen in the lantern light and Rajjan Nai had a torch and all of them saved the injured. After about 1 hour, the injured stopped speaking. After arranging vehicle the injured was taken to the police station and thereafter, he was sent for medical examination. On the basis of written report case at crime no. 140/05 u/s 308, 504, 506 IPC was registered against the accused -appellant, investigation whereof was taken up by S.O. Purshottam Yadav. Dr. Surendra Pratap conducted medical examination of Dhirendra Kumar Shukla on 4.7.2005 at 4.40 A. M. and he found following injuries on his person: 1.Abrasion 2 cm x 1 cm on the front of the head; 2.Contusion 11 cm x 2 cm on the left scapula; 3.Contusion with swelling 6 cm x 4 cm on the 2 cm below the right knee joint; 4.Abrasion 2 cm x 1 cm at the upper part of right tibia situated 5 cm below the right knew joint; 5.Lacerated wound 2.5 cm x 0.5 cm x deep to skin and deep muscle on the 8 cm above the left ankle joint; 6.Contusion 7 cm x 4 cm on the 11 cm below the left knee joint. The doctor kept injuries no. 1 and 6 under observation and x -ray was advised. Rest injuries were simple, caused by blunt object and duration was about 24 -hours. At about 11.45 a.m. on 4.7.2005 information regarding death of injured was received and then the case was converted into section 304 IPC. The autopsy on the cadaver of the deceased was conducted on 4.7.2005 at 3.00 p.m. The doctor has noted that the deceased has suffered death at 8.20 A.M. on the same day in the hospital due to coma as a result of ante -mortem head injury. The investigation ended into charge -sheet against the accused.
(3.) AFTER committal of the case to the Court of Session charge u/s 304 IPC was framed against the appellant, who abjured the guilt and claimed trial. In support of the charge the prosecution had examined complainant Triloki Nath Shukla PW -1, Prem Dutt PW -2, Jagdish Prasad Tripathi PW -3, SI Purshottam Singh Yadav PW -4, SI Rajendra Prasad PW -5, Dr. N. K. Saxena PW -6, SI Shri Prakash Singh PW -7 and Dr. Surendra Pratap PW -8.;