V. N. Mehrotra, J. - (1.) THE State of U. P. has filed the appeal against the Judgment dated 23.5.1979 passed by Shri B. K. Srivastava, III Additional District and Sessions Judge, Gorakhpur acquitting the accused persons of the offence under Section 302 read with Section 34,I.P.C.
(2.) ACCORDING to the prosecution allegations the occurrence took place at about 5.30 p.m. on 16.5.1977, in village Sahgaura, P. S. Gagha district Gorakhpur when one Banshu was murdered by the accused persons. It is said that accused Ram Chandra alias Chander, Ram Ji and Sita Ram were real brothers while accused Dukharan was their uncle. All these accused persons were residents of village Tikar. About 3 years before the present occurrence, one Banshraj, who was one of the brothers of accused Ram Ji, had been murdered and in that case Ram Bharose alias Bharosa (P.W. 2), deceased Banshu and some other persons were tried. They were, however, acquitted. It alleged that the relations between the accused persons and the complainant party were inimical since a long time due to the above mentioned incident their relations further deteriorated. It is said that the marriage of the daughter of Ram Harakh was to be performed on 20.5.1977 and in this connection Nandu and Ram Chandra, who belong to the family of the informant, were sent to the house of Saheb Tiwari in the evening of 16.5.1977 in order to bring beddings from his house. The house of Saheb Tiwari lies towards the south-west of a pond in a village Sahgaura. These two boys met accused Ram Ji in the way who abused them which led to a quarrel between them. When other accused persons were informed about this quarrel they started for that place. Accused Ram Chandra at that time was armed with a spear, while accused Sita Ram and Dukhharan were armed with lathis, Ram Samujh (P.W. 1) and deceased Banshu and one Ranjit also followed these persons, when they came to know about this quarrel. When deceased Banshu tried to pacify the accused persons, accused Sita Ram, Dukhharan and Ramji exhorted Ram Chandra and on that exhortation he struck Banshu with his spear on his chest. Banshu died on the spot as a result of fatal injuries received by him. It is said that on the alarm raised by the witnesses a number of other persons had reached the spot. The accused persons then ran away from the place leaving the spear on the spot. The informant Ram Samujh (P.W. 1) scribed the report Ext. Ka-1 and lodged the same at 9.15 p.m. on the said day. After registration of the case investigation was conducted by S. I. Gopal Ji Singh, (P.W. 8). He reached the scene of occurrence in the same night but could not start investigation as there was no arrangement for light. He prepared the inquest report and other connected papers early in the morning of 17.5.1977. The dead body was handed over for being taken for postmortem examination. The Investigating Officer also recorded the statements of the witnesses. He also prepared site plan after local inspection. The Investigating Officer also took in his possession sample of blood stained clay as well as the spear and prepared 'fards' in respect of the same. The charge-sheet was submitted by the Investigating Officer after completing the investigation.
(3.) THE post-mortem examination of the dead body of Banshu was conducted by Dr. A. Khanna (P.W. 7) at 5 p.m. on 17.5.1977. THE Doctor found one punctured wound on the left side chest: which was heart cavity deep. Four ounce blood was found in the pericardial cavity. THE heart had been pierced. Seven ounce watery fluid was found in the stomach. THE large and small intestine contained faecal matter and gases. According to Dr. Khanna the: deceased had died about one day earlier as a result of shock and haemorrhage due to the ante mortem injuries.;