- (1.) BOTH the aforementioned appeals are directed against the judgment and order dated 22.11.2008 passed by Additional Sessions Judge, Court No. 5, Barabanki in Sessions Trial No. 211 of 2002 whereby appellant Akhilesh (Criminal Appeal No. 2873 of 2008) has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and a fine of Rs. 20,000/ -. The other appellants Smt. Pyara and Bitto (Criminal Appeal No. 2907 of 2008) have been convicted under Section 323/34 IPC and sentenced to undergo one year rigorous imprisonment.
(2.) THE abridged version of the case in hand as put forth by the prosecution is that on 11.12.2001 at about 6 p.m. Vidyawati wife of the complainant was in front of her door. The dispute arose on pitching a peg for tethering cattle on way. Smt. Pyara, Bitto and Kusmi picked up quarrel with Vidyawati on that issue, and started quarelling and abusing and assaulting her with danda. In the meantime Akhilesh reached there and inflicted a banka blow on the head of Vidyawati. She sustained serious injuries and collapsed. Hearing the clamour, informant's son Satish reached there and he was also assaulted with lathi. When he alongwith Kamlapati and Rajesh reached there, accused persons fled away. The informant got the report scribed and lodged it at police station. On his complaint report under Section 307 IPC was registered and Chik report was prepared. Vidyawati was sent to C.H.C., Fatehpur, Barabanki. Dr. Pramod Kumar examined her on 11.12.2001 at 9:15 p.m. and noted following injuries on her person: 1. Incised wound 8 cm x 0.5 cm x muscle deep, probing not done at the top of the skull, 11 cm. Above from the root of the nose; 2. Contusion 3 cm x 1.5 cm over the left upper eye lid. Reddish in colour.
(3.) SUBSEQUENTLY , she was admitted to the District Hospital, Barabanki where she succumbed to her injuries on 12.12.2001 at 11:22 p.m. Inquest report report was prepared and G.D. entry on the basis of the report of the hospital was prepared. Autopsy on the dead body was conducted on 13.12.2001 at 4 p.m. by Dr. Arvind Kumar Srivastava, who noted single ante mortem injury as under: "Stitched wound on the vault of skull 5 cm long, 12 cm. Above the right ear. Subcutaneous haematoma present. Fracture of the underlying frontal bone." There was large haematoma on the brain. Brain matter was contused. The cause of death was shock and haemmorhage due to ante mortem head injury. Thereafter case under Section 302 IPC was registered on 14.12.2001.;