- (1.) M. C. Jain, J. The State has preferred this appeal against the judgment of acquittal recorded on 13-5-1991 by the Sessions Judge, Ballia in S. T. No. 198 of 1987. The complainant Shiv Dutt Chaubey has also preferred a Criminal Revision No. 1140 of 1991 against the acquittal. Both the matters are being decided by this common order.
(2.) JAMUNA Chaubey and his two sons Ram Vyas Chaubey and Lallan Chaubey (accused-respondents) were tried before the Sessions Judge in S. T. No. 198 of 1987. Out of them, JAMUNA Chaubey died during the pendency of this appeal and the same abated against him under order dated 18-10-2005, Presently, the Court is concerned only with two other accused-respondents-Lallan Chaubey and Vyas Chaubey. The incident took place on 31-5-1987 at about 6 p. m. in village Akhar, Police Station Kotwali, Ballia and F. I. R. was lodged the same night at 8. 55 p. m. by the complainant Shiv Dutt Chaubey PW 1. One Raj Kumari, married daughter of Shiv Dutt Chaubey, was murdered in the present incident. The distance of the police station from the place of occurrence was about 8 kilometres. The broad essentials of the prosecution case as surfacing from the F. I. R. and the evidence adduced in the Court may be set forth. The accused and the complainant Shiv Dutt Chaubey were collaterals. The house of the complainant Shiv Dutt Chaubey was to the north of that of the accused. It was his newly constructed house. His old house was within abadi towards west. There had been some litigation between Shiv Dutt Chaubey and Jamuna Chaubey in respect of the sehan in between their houses. Shiv Dutt had instituted a civil suit and obtained ex parte decree. Jamuna Chaubey moved an application to set aside the ex parte decree. He also instituted another suit in civil Court claiming that Shiv Dutt Chaubey was living in the northern house as his licensee and had not vacated it in spite of termination of his licence. Raj Kumari was the married daughter Shiv Dutt Chaubey who had come to her parental house a few days before the incident. On the date of the offending event i. e. 31-5-1987 at about 6. p. m. the members of the family of Shiv Dutt Chaubey were outside towards east of their house. Om Narain- younger son of Shiv Dutt Chaubey began to sweep the land between two sehans viz. of the complainant and the accused. Lallan Chaubey forbade him from doing so, saying that the land belonged to him. When Om Narain protested that the land belonged to him, Lallan Chaubey attempted to assault him. Shiv Dutt, his son Om Prakash and three daughters Raj Kumari (deceased), Shiv Kumari and Prem Kumari, however, intervened. Lallan Chaubey retreated to his house and instantly came back armed with licensed double barrel gun. His brother Ram Vyas armed with spear and his father Jamuna Chaubey armed with lathi came behind him. They exhorted Lallan Chaubey to murder so as to put an end to the daily wranglings. Frightened by imminent danger, Shiv Dutt Chaubey and his family members began to raise alarm. Lallan Chaubey aimed his gun towards Shiv Dutt Chaubey. Raj Kumari tried to save him. The shot fired by Lallan Chaubey hit her (Raj Kumari) who was injured. Lallan Chaubey fired another shot towards Om Prakash but it missed the aim. The witnesses Ram Sakal Chaubey and Jagat Narain Chaubey PW 3 who had arrived there saw the incident. The accused then went back to their Baithaka. Raj Kumari was brought to Bandha on a cot wherefrom she was taken to Ballia District Hospital in a tempo. She was declared dead there. Shiv Dutt Chaubey got the F. I. R. scribed by Shyam Bihari Singh and took it to the police station which was lodged there on 31-5-1987 at 8. 35 p. m. A case was registered. The investigation was taken up by S. O. Har Govind Singh PW 8. He directed S. I. R. N. Dubey to conduct inquest of the dead body in District Hospital. He himself went to the spot after recording the statement of the complainant Shiv Dutt Chaubey and other available witnesses. He busied himself with the activities related to investigation such as spot inspection, collection of blood-stained and simple earth on 1-6-1987. He arrested Ram Vyas Chaubey on 2-6-1987 and after interrogation took search of his house and recovered double barrel gun used in committing the crime.
(3.) POST-mortem over the dead body of the deceased Raj Kumari was conducted by Dr. S. N. Sinha PW 4 on 1-6-1987 at 12. 30 p. m. The deceased was aged about 28 years and about 18 hours had passed since she died. The following ante-mortem injuries were found on her person: One firearm wound of entry measuring 14 cm x 9 cm x chest cavity deep lying over medial upper-most part of right arm and adjoining part of upper most part of front of chest right side. Margins inverted. No blackening, tattooing etc. seen. Direction of the wound was medially inward, slightly downward from right to left. Head of humerus was punctured. On internal examination, right clavicle and I, II and III ribs right side were found fractured. Pleura was lacerated and punctured on the right side. The right side lung was also punctured and lacerated. 12 small pellets were recovered from inside the injury and right lung apex. As per the opinion of the Doctor, the death had occurred due to shock and haemorrhage as a result of ante-mortem injuries.;