M.C. Jain, J. - (1.) The State has filed this appeal against the judgment of acquittal dated 14.2.2001 passed by Sri S.B. Singh, the then II Additional Sessions Judge, Mainpuri in S.T. No. 297 of 1996. The accused-respondent are five real brothers, namely, Asha Ram, Raghunandan, Ram Autar, Phool Singh and Siya Ram. The incident allegedly occurred on 11.9.1995 at about 8.00 P.M. near the shop of Kishori in village Sultanganj, Police Station Bichhawan, District Mainpuri and the F.I.R. was lodged on 12.9.1995 at 3.15 A.M. by Pitam Lal PW 1 (eyewitness). In the incident, one Ganga Ram lost his life.
(2.) In broad essentials, the prosecution case was that Pitam Lal's son Ram Singh was sitting at the shop of Kishori. Radhey Lal, Satendra and Udaiveer were also sitting there. The accused Asha Ram came there and spoke about some quarrel having taken place at the bus stand. Radhey Lal advised him to go home. Asha Ram got annoyed of it. Ram Singh got up to go to his home. Satendra also advised Asha Ram go to his home. Asha Ram slapped Satendra and started abusing him. On shouts, remaining accused-respondents Ram Autar, Raghunandan, Phool Singh and Siya Ram also appeared there with lathis and started quarrelling with Satendra. Other villagers also collected there. Pitam Lal's maternal uncle Ganga Ram also happened to come there and tried to intervene with folded hand to pacify both the quarrelling parties. Asha Ram struck a lathi blow on the head of Ganga Ram who fell down receiving the blow. He was removed to District Hospital Mainpuri by Anil Gupta, Anar Singh and Ramesh, but he succumbed to his injuries by the time he could be reached District Hospital Mainpuri. On the lodging of the F.I.R., a case was registered. Investigation followed as usual culminating in the submission of charge-sheet and the trial.
(3.) It should be related here that the post mortem over the dead body of deceased was conducted by Dr. Sudhir Kumar PW 7 on 12.9.1995 at 2.00 P.M. The deceased was aged about 60 years and about three-fourth day had passed since he died. The following ante-mortem injuries were found on his person: 1.Contusion 4 cm x 2 cm over back of right shoulder, 3 cm below from top. 2. Contusion 5 cm x 2 cm over top of left shoulder. 3. Contusion 3 cm x 2 cm over middle of back, over backbone. 4. Abraded contusion 8 cm x 6 cm on right side of back of chest, 10 cm below inferior angel of right scapula. 5. Contusion 8 cm x 2 cm on left side of head, 6 cm above left ear. The cause of death was coma due to ante-mortem injuries.;