M.C. Jain, J. - (1.) The judgement dated 28.3.1997 passed by 17th Additional Sessions Judge, Meerut in S.T. No. 5 10 of 1995 has been challenged by the State by means of this appeal whereby the accused respondents Manoj and Mukesh ( brothers) sons of Balbir and Sanjai and Pradeep (brothers) being sons of Hansraj have been acquitted of the charges under Section 302 I.P.C. read with Section 34 I.P.C., 307 I.P.C. read with Section 34 I.P.C. and 504 I.P.C. Manoj has also been acquitted of the charge under Sections 4/25 of Indian Arms Act.
(2.) The incident took place on 3.11.1994 at about 11.15 P.M. in Mohalla Mata Ka Bagh, Baghdiyan, Police Station Brahmapuri, Meerut, the F.I.R. whereof was lodged on 4.11.1994 at 00.15 A.M. by Budh Ram PW 1. The deceased was Ramesh brother of Budh Ram. Budh Ram also sustained injuries in the incident. The accusation was that in the fateful might and time, abuses were traded with altercation between Satish son of Ramesh on the one hand and Sanjai etc. on the other over the explosion of crackers. On hearing commotion, Ramesh also reached near the house of Sanjai. All the four accused were there. They continued to hurl abuses on Satish as well as Ramesh. Manoj was armed with a knife and the other three had lathis. The informant Budh Ram also reached there. He and Ramesh asked the accused not to hurl abuses. The accused Sanjai was blaming Satish for exploding the cracker on him. Instead of calming down, Sanjai exhorted his companions and Manoj accused stabbed Ramesh in his abdomen while the remaining three accused assaulted informant Budh Ram with lathis. The shouts attracted Ram Roop, Dal Chand and many others to the scene who intervened. The accused persons ran away offering threats. The intestine of Ramesh had come out. Budh Ram and others of the locality took Ramesh to Deep Nursing Home where he was admitted. He then lodged the F.I.R. on the basis of which check F.I.R. was prepared and a case registered. Budh Ram was also medically examined. Ramesh died of the injuries sustained by him the same night at about 4-4.30 A.M. The investigation followed as usual, whereafter the accused persons were booked for trial 3.The defence was of denial. 4. In support of its case, the prosecution examined 11 witnesses in all. Out of them, Budh Ram PW 1, Chatursen PW 2 and Satish PW 4 were eye-witnesses. 5. Dr. Sunil Gupta PW 3 had initially examined the injuries of Ramesh on 3.11.1994 at 11.30 P.M. in Deep Nursing Home as visiting Surgeon. The patient was in a condition of shock and small intestine with mesentery were coming out from the wound over left abdomen. He was operated. About 2.5 litres of blood was collected in the form of clots and fresh blood. Small intestine were lacerated with multiple perforations at three places. He died at 4.25 A.M. on 4.11.1994. 6. Post mortem over the dead body of the deceased was conducted on 4.11.1994 at 2.30 P.M. by Dr. K.N. Tiwari PW 6. The deceased was aged about 36 years and about half day had passed since he died. The following ante mortem injuries were found on his person: 1. Stitched wound on front of abdomen in midline 18 cm long with 16 stitches present. Direction vertical. 2. Stitched wound 3 cm long, with three stitches present on anterior aspect of abdomen 4 cm left to injury no.I. Direction oblique with lower end nearer to wound (1).
(3.) Stitched wound 2.5 cm with one stitch present in vertical direction, 27 cm below left nipple at 6 O'clock position.;