M.C. Jain, J. - (1.) The State has preferred this appeal against the judgment dated 9.12.1980 passed by III Additional District & Sessions Judge, Deoria in Sessions Trial No.44 of 1980. The four accused respondents, namely, (1) Ram Parikshan Tiwari, (2) Ramayan, (3) Ram Bilas and (4) Kaushal have been acquitted of the charge under Section 302 read with Section 34 IPC.
(2.) The incident took place on 31.8.1978 at about 9 A.M. in village Parsauni Anandghan, P.S. Khampar, District Deoria. The deceased was one Ram Nagina Tiwari and written F.I.R. was lodged the same noon at 2 P.M. by his wife Padmawati PW 4 who claimed herself to be an eyewitness. The case as per the F.I.R. and evidence adduced in the court was like this: Ram Nagina Tiwari was a teacher in Ratasiya Kothi Middle School and used to go there daily from his house. His family consisted of his wife Padamawati and three children. The accused other than Kaushal were also residents of the same village. Sometimes before the present incident, Ram Parikshan was arrested in a dacoity case of P.S. Bankata and was released from jail. When he returned, he suspected that Ram Nagina Tiwari was instrumental in getting him arrested in that dacoity case. Likewise, prior to the present incident, a search was made by the police at the house of the accused Ramayan in connection with some dacoity in village Mairwa and he also suspected Ram Nagina Tiwari to be behind it. Thus, there was enmity between Ram Nagina Tiwari and both these accused from before. The accused Kaushal was a relation of the accused Ram Parikshan. Ramayan and Ram Bilas were friendly to Ram Parikshan. The informant herself used to look after her cultivation in the village and at the time of incident she was at her sugarcane field to watch it. The field was situated about 100-150 paces away in the southern side of her house. Her husband Ram Nagina Tiwari was going to his school and the field aforesaid fell on his way. Her husband was to hand over the key of the house to her. She was sitting on the mend of her field and her husband was going to her along the mend lying in between her field and that of one Mangal. All the present accused, armed with spears and lathis, appeared there and started assaulting Ram Nagina Tiwari with these weapons. Kaushal had a lathi and the remaining were armed with spears which they used in assaulting him. She and her husband Ram Nagina raised alarm attracting Dudhnath PW 5, Dal Singar PW 6, Ram Kripal, Ram Hari Shukla and many others. They witnessed the incident and tried to apprehend the accused but in vain. The four assailants made their escape good. Ram Nagina was badly injured as a result of the injuries caused to him by the accused persons by their weapons aforesaid and died there instantaneously. She got report prepared by Ram Hari Shukla and sent the same through Harindar son of village Chaukidar to the police station where chick F.I.R. was prepared by Head Constable Mohd. Rais PW 1 and a case was registered. The investigation was taken up by the I.O. who reached to the spot and busied himself with the activities related to investigation. The dead body of the deceased was sealed with the preparation of inquest and other papers in the presence of the witnesses and sent for post mortem through constable Hari Prasad Yadav PW 3.
(3.) Post-mortem over the dead body of the deceased was conducted by Dr K.P. Verma PW 7 on 1.9.1978 at 10.45 A.M. The deceased was aged about 30 years and about one day had passed since he died. The following ante-mortem injuries were found on his person: 1. Incised wound 3 cm x 1/2 cm x bone deed on right side eyebrow. Clotted blood present. 2. Incised wound 5 cm x 1/2 cm x bone deep on right side on head, 5 cm above the right ear. Clotted blood present. 3. Incised wound 4 cm x 1/2 cm x muscle deep on right side on head, 4 cm posterior to injury No.2. Clotted blood present. 4. Incised wound 4 cm x 1 cm x bone deep on left side posterior part of head, 5 cm posterior to the left ear. Clotted blood present. 5. Incised wound 8 c x 1/2 cm x bone deep on left side on occipital region. Clotted blood present. 6. Incised wound 10 cm x 1/2 cm x bone deep on posterior part on the head. Clotted blood present. 7. Contused swelling 10 cm x 8 cm on right side on face. On cut, ecchymosis present. 8. Multiple contusion in an area of 10 cm x 10 cm on right shoulder joint. On cut, ecchymosis present. 9. Multiple contusion in an area of 8 cm x 4 cm on lateral aspect of the right upper arm. 10. Abrasion 4 cm x 3 cm on lateral aspect of the right elbow joint. 11. Contused abrasion 3 cm x 2 cm on lateral aspect of the right forearm. 12. Contusion 5 cm x 3 cm on right side of mandible. On cut, ecchymosis present. 13. Contusion 5 cm x 4 cm posterior part on the left side on neck. On cut, clotted blood present. 14. Multiple contusion in an area of 12 cm x 8 cm on posterior part of the left shoulder joint. 15. Multiple contusion in an area of 6 cm x 5 cm on lateral aspect of the left upper arm. 16. Contusion 4 cm x 2 cm on lateral aspect of the left forearm. On internal examination, frontal and temporal bones were found fractured. Brain was congested with clotted blood. Base of skull was also fractured. The cause of death was shock and heamorrhage as a result of head injuries. As per the Doctor, all injuries of the deceased taken together could also be sufficient to cause his death.;