M. Chaudhary, J. - (1.) -This is a Government Appeal filed on behalf of the State from judgment and order dated 20th of May, 1981 passed by Ist Additional Sessions Judge, Azamgarh in Sessions Trial No. 50 of 1979, State v. Rajman and others, acquitting the accused of the charge levelled against them under Sections 302, 323 and 440 each read with Section 149, I.P.C. Accused Jeetu and Saran were also charged under Section 148, I.P.C. and rest of the accused under Section 147, I.P.C.
(2.) BRIEF facts giving rise to this appeal are that at 5.10 p.m. on 15th of August 1978, Raja Ram son of Abhilakh lodged a report at police station Maharaj Ganj, district Azamgarh, that some 2-3 years ago. Sahdeo, the village pradhan was murdered and prosecution was launched against him and others for his murder in which he was convicted and that since then Rajman and his family members were after him and his family members. In the noon of 15th of August, 1978 his son Ram Chandra and wife Smt. Dulari were engaged in bringing the fodder for their cattle by boat from Pahi Malah Purwa to their house at Nau Barar Ayema. Their boat was landed at the dyke towards north of village Tripurarpur Khalsa and he had taken one load of fodder which he had left at his house ; that at about 2.00 p.m. as he was near his boat to take another load of fodder from his boat Rajman and his brother Rajdeo alongwith their nephew. Rambaj, Mahendra and Manohar taking lathis and Saran and Jeetu armed with spears reached there and Rambaj dragging Ram Chandra from his boat took him to the dyke where all of them gave him lathi and spear blows ; that immediately mother of Ram Chandra rushed for his rescue and as she tried to intervene some of the assailants gave lathi blows to her also. The assailants also damaged the boat with the result that the boat drowned in the water. On hearing the hue and cry Raja Ram and his brother Ram Karan alongwith Raja Ram son of Ram Sunder rushed to the scene of occurrence and witnessed the incident. Sighting them the assailants took to their heels. Then Raja Ram with the help of others took his injured son Ram Chandra on a cot to Maharaj Ganj Hospital and as they put him in the boat at Maharaj Ganj Ghat he succumbed to the injuries sustained by him in the said incident. Then Raja Ram taking the dead body of his son Ram Chandra reached the police station and lodged F.I.R. of the occurrence with the police there. The police registered a crime against the accused under Sections 147, 148 and Section 302, read with Section 149, I.P.C. and started the investigation. Station Officer Onkar Singh who took up investigation of the case in his hands drew inquest proceedings on the dead body of Ram Chandra preparing inquest report (Ext. Ka-7) and other necessary papers (Ext. Ka-6, Ka-8 and Ka-9) and handed over the dead body in a sealed cover alongwith necessary papers to constable. Avadhesh Singh and chaukidar Sheetla for being taken for its post-mortem. Injured Smt. Dulari was got medically examined by Dr. M. L. Srivastava, Medical Officer in-charge Primary Health Centre Maharaj Ganj, district Azamgarh the same evening at about 6.15 p.m. The medical examination revealed below noted injuries on her person : 1. Red contusion 2-1/2"x1" at the lateral aspect of left upper arm 2" below the shoulder joint obliquely. 2. Red contusion 3"x1" at the lateral aspect of middle of right upper arm obliquely. 3Red contusion 5-1/2"x1" at the left mid scapular region obliquely. 4.Red contusion 4" x 1" at right mid scapular region obliquely. 5.Red contusion 3-1/2" x 1" one inch above injury No. 4 obliquely. The doctor opined that all the injuries were caused by blunt object, simple in nature and about half a day old in duration.
(3.) THE Investigating Officer went to the place of occurrence, inspected the site and prepared its site plan map. He also recorded statements of the witnesses and did other necessary things. Autopsy conducted on the dead body of Ram Chandra by Dr. G. S. Chaturvedi, Medical Officer District Hospital, Azamgarh on 16th of August 1978 at 1.30 p.m. revealed below noted ante-mortem injuries on the dead body : 1. Oblique contusion 10 cm. x 1 cm. over front and middle of left side chest. 2. Oblique contusion 12 cm. x 2 cm. over front of left side chest from nipple downwards. 3.Contusion 4 cm. x 1 cm. from of right side chest lower part 2 cm. above sub-costal margin on mid clavicular line. 4.Contusion 2 cm. x 1/4 cm. oblique 2 cm. above injury No. 3. 5.Contusion 2 cm. x 2 cm. over left forehead near hair line, mid line. 6.Multiple contusions intermingled all over back of right forearm and arm in an area of 48 cm. x 5 cm. 7.Multiple abrasions in an area of 4 cm. x 3 cm. over back of right elbow each measuring 1/4 cm. x 1/4 cm. 8.Multiple contusions intermingled all over back of left arm in an area of 16 cm. x 7 cm. 9.Multiple abrasions 1/2 cm. x 1/4 cm. each in an area of 5 cm. x 3 cm. over back of left elbow. 10.Multiple contusions intermingled in all directions all over back in an area of 55 cm. x 16 cm. 11.Contusion oblique 3 cm. x 1 cm. over right gluteal region middle. 12.Multiple contusions over back of right leg in an area of 16 cm. x 6 cm. 13.Stab wound 2 cm. x 1/4 cm. x 3 cm. over front of right leg middle. 14.Stab wound 1/4 cm. x 1/4 cm. x 1 cm. over front of right leg 2 cm. above injury No. 13. 15.Two stab wounds 1/2 cm. x 1/2 cm. x 1 cm. each over front of left leg upper part 6 cm. below tibial tuber each 1/2 cm. apart. 16.Incised wound 2 cm. x 1/2 cm. x skin on front lower 1/3 of left leg. On internal examination haematoma was found present below the head injury and membranes contained clotted blood in an area of 4 cm. x 4 cm. above left frontal lobe. Brain was liquifying. Larynx, trachea, bronchi and both lungs were found congested and 5th rib on left side fractured. The doctor opined that the death was caused due to coma as a result of ante-mortem injuries about one day ago.;