SURENDRA VIKRAM SINGH RATHORE, J. - (1.) LEARNED counsel for the appellant and learned A.G.A. for the State were heard and lower court record was perused.
(2.) UNDER challenge in the instant appeal is the judgment and order dated 16.7.1982 passed by learned Sessions Judge, Sultanpur in Sessions Trial No. 61 of 1982 arising out of Case Crime No. 202 of 1981, Police Station Kudwar, District Sultanpur whereby the appellant Ram Tirath was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life.
(3.) IN brief the case of the prosecution was that complainant Lahuri lodged a F.I.R. at Police Station Kudwar on 15.11.1981 at 2:30 p.m. alleging therein that appellant Ram Tirath used to beat his grand father Gokul. For this act of the appellant, father of the complainant, namely Ram Hausala used to ask Ram Tirath not to ill treat his grand father. Appellant Ram Tirath felt annoyed with this advice of the deceased. Because of this enmity, on 15.11.1981 at about 12:30 p.m. when the cows of the deceased were grazing in the jungle, and he was also present there, the complainant and Ram Jiyawan and other persons were cutting grass at a distance of 50 -60 paces and one Tej Bahadur was also grazing his cattles near the deceased, Ram Tirath reached there and asked his father not to permit his grand father to sleep in his house. His father told appellant Ram Tirath that he was not doing anything wrong. He is simply providing space for an old man to sleep. There is nothing bad in it. Ram Tirath started abusing the deceased when he was asked by the deceased not to abuse him then Ram Tirath, who was having a spear in his hand, started giving blows to the deceased with spear. Hearing the cries of his father, Tej Bahadur, Ram Jiyawan and Devki Nandan and other persons also reached there. Ram Tirath after causing injuries to his father, ran towards the east of the village. The complainant side chased him and made an effort to apprehend him but they could not succeed. After sometime, the father of the complainant died on the spot. The complainant got the F.I.R. scribed by one Shiv Bahadur Tiwari, and lodged it at Police Station on the same day. According to the chik report, the distance of Police Station from the place of occurrence was about three kilometers. After registration of the case, investigation proceeded. Inquest proceedings were conducted. The dead body of the deceased was sent for postmortem. The place of incident was inspected and its site plan was prepared. The postmortem of the deceased was conducted on 16.11.1981 at 3:00 p.m. and following injuries were found on the body of the deceased: - (i) Incised wound 12 c.m. x 2 c.m. starting 2 c.m. part to Left ear obliquely placed going behind ending 10 c.m. part of right ear bone cut underneath. (ii) Incised wound 10 c.m. x 2 c.m. x bone cue connected with injury no. 1 only 2 c.m. x 1/2 c.m. long width skin separating both the wounds. (iii) Incised wound 6 c.m x 1/2 c.m. skin deep on the right side head 10 c.m. above the right ear flap. (iv) Incised wound 7 c.m. x 1/2 c.m. x skin deep 2 c.m. broad flap 11 c.m. away and back to right ear 1 c.m. below the injury no. 3 (v) Lacerated wound 3.5 c.m. x 1.5 c.m. 2 c.m. above lobule of right ear on outer side extending to just below the tragus artrum cartilage deep. (vi) Incised wound 2 -1/2 c.m. x 1/2 c.m. x muscle deep tailing on the left side obliquely placed 3 c.m. below the infer -er angle of right scapula. (vii) multiple abrasion on left shoulder top outer side in an area of 3 c.m. x 2 c.m. (viii) Abrasion on right forehead 2 x 1 c.m., 2 -1/2 c.m. above the right eyebrow. In the opinion of the doctor, the cause of death was shock and hemorrhage as a result of ante morterm head injury. ;