- (1.) CHHUNNU Lal, the accused appellant in S. T. No. 424 of 1985 has been convicted of the offences under Sections 302 and 323,i. P. C. and sentenced to undergo imprisonment for life and imprisonment for one month under the two accounts, by the judgment and order dated 30 -4 -1980.
(2.) THE prosecution contention was that the accused and Puttani alias Mustqeem, the deceased in the case were good friends and on the date of occurrence i. e. , 12 -3 -1985 had taken meat and alcohol together at the house of Chhunnu Lal, the accused appellant. Something occurred between the two which resulted in exchange of abuses which was not paid much attention by the neighbour as it was usual among them. However, at about 10 in the evening, one Pradeep alias Dinesh came to Liayaakat, the informant in the case and conveyed that Chhunnu Lal was actually killing Puttani and they should be set apart. Liayakat then went with Pradeep, Pradhan Subedar Singh, Shivlal Kachi, Ram Avatar and Nathu Lal but when he attempted for the intervention he was also given a blow of lathi striking him in the eyebrow region. When the lathi of Chhunnu Lal had broken, he picked -up a brick and assaulted Puttani with it in the head region thereafter he died. Chhunnu Lal was brought forcibly, to outer portion and the room was closed, an information was sent to the family members of Puttani and in the next morning they came to the Police Station where a first information report was lodged at 7. 10 a. m.
(3.) AFTER due investigation, a charge -sheet was submitted by the police for prosecution under Section 304,i. P. C. but after committal as both the offences were tried by the Court of Sessions, the Session Judge proceeded to frame a charge under Sections 302 and 323,i. P. C. and recorded the conviction after considering the offences. Aggrieved by the same the accused has come up with the appeal. We have gone through the evidence led by the prosecution and defence along with the counsel for the appellant and also AGA. The prosecution had examined PW 1 Liayakat and PW 2 Natthu Lal as witnesses of the occurrence and they had duly supported the above mentioned prosecution story. The other witnesses examined were PW 3 Dr. Rizvi who had conducted the post -mortem examination upon the body of Puttani alias Mustaqeem. The report and the statement of the witness simply shows that the deceased had two lacerated wounds, 5 abrasions and lacerated contusions in addition to multiple contusion and a simple contusion. The nature of injury may not be gone into in detail and it can be said at the very outset that they were a result of fanatic beating. All that can be said about this evidence is that it does not contradict the direct testimony of witnesses and even the fact of the two persons i. e. , the deceased and the accused having taken liquor has been corroborated by PW 3 Dr. S. A. Rizvi. PW 4 Head Constable B. C. Dixti had prepared the Chick F. I. R. on the basis of the first information report and registered the case etc. His evidence was almost formal and so was the case with PW 6 Constable H. N. Singh who had escorted the dead -body and identified the same before Dr. Rizvi. PW 7 Dr. S. N. Mishra had conducted the medical examination of Sri Liayakat, PW 1 who was said to have been injured by the blow given by the accused during the occurrence itself. The other witness PW 5 H. S. Sharma and PW 8 R. R. Singh who were Sub -Inspector of police. The former had conducted the inquest and is also said to have taken in the police possession the Kurta of the accused which according to his memorandum had blood stains received from the blood of the deceased. However, for that matter, only the memorandum prepared or the statement of the investigating officer is not going to matter and it would need proper evidence of chemical examiner and serologist to prove that the blood found on that Kurta was of the deceased or at least there could be a possibility of that. The said Kurta has not been sent for any examination and consequently that part of the evidence is of no use as against the accused.;