- (1.) M. Chaudhary, J This is a Government appeal from judgment and order dated 31st of March, 1981 passed by Vth Additional Sessions Judge, Azamgarh in Sessions Trial No. 71 of 1978, State v. Nanhku & Ors. , acquitting the accused of the charge levelled against them under Section 307 IPC read with Section 34 IPC.
(2.) SINCE accused respondent Nanhku was reported having died the appeal filed against him stood abated vide order dated 27th of May, 2005. Brief facts giving rise to this appeal are that at about 7. 30 a. m. on 14th of August, 1977 Mahangu lodged an FIR at police station Gambheerpur situate at a distance of four miles from village Timri Sagram alleging that during the night between 13th and 14th of August, 1977 he was sleeping in the chhappar (Osara) in front of his baithak that at about 12. 30 midnight Nanhku and Dev Nath armed with ballams alongwith Sochan and Kalp Nath with lathis reached there and surrounded his cot and Nanhku and Dev Nath gave ballam blows to him hitting him at his chest, arm and other parts of his body; that then he got up and caught hold of Sochan and that then the appellants gave blows to him with their respective weapons. In the meanwhile on hearing the hue and cry raised by him female inmates of his house and co-villagers namely Ramadhar, Benchai, Bal Raj and Jai Nath flashing their torches rushed to the scene of occurrence and witnessed the incident, and sighting the witnesses all the miscreants took to their heels. The police registered a crime on the basis of the written report handed over by Mahangu at the police station and made entry regarding thereto in the GD. Injured Mahangu was got medically examined by Dr. V. K. Garg, Medical Officer-in-charge, PHC Mohammadpur on 14th of August, 1977 at 10. 20 a. m. Medical examination of Mahangu revealed below noted injuries on his person: (1) Penetrating wound 4 cm x 1 cm x 6. 5 cm on right side chest 4. 5 cm inward and below to the right nipple and 4. 5 cm above and out from epigastrium. Ends both sharp. Direction horizontally outwards and backwards. (2) Penetrating wound oval 4 cm x 1-1/2 cm x 6 cm upwards backwards towards midline on outer side upper part of left upper arm 6 cm below left shoulder joint. Ends and margins sharp. (3) Penetrating wound 2 cm x 0. 7 cm x 3. 5 cm upwards and forwards ends. Margins sharp on back of upper part of left upper arm 7 cm below and behind the injury No. 2. (4) Penetrating wound 1. 8 cm x 0. 6 cm x 2 cm upward and inward on back and outer side of lower third of left forearm 4 cm above the left wrist joint. Ends and margins sharp. (5) Incised wound 2 cm x 0. 3 cm x muscle deep on foreside at back of left thumb. (6) Incised wound 1 cm x 0. 3 cm x muscle deep on front side middle of left index finger terminal digit. (7) Abraded contusion 2. 5 cm x 2 cm below on top of right shoulder joint, red colour. The doctor opined that injuries No. 1 to 4 were caused by sharp pointed object, 5 and 6 by some sharp object and injury No. 7 by blunt object and all the injuries about 1/2 day old in duration. Injury Nos. 1 and 2 were kept under observation and the doctor advised X-ray of chest and left shoulder joint. After completing investigation the police submitted charge-sheet against the accused.
(3.) THE prosecution examined Mahangu (PW 1), Benchai (PW 2) and Bal Raj (PW 3) as eye-witnesses of the occurrence. PW 4 Dr. V. K. Garg who medically examined injured Mahangu proved the injury report. PW 5 Dr. D. P. Khatri in whose supervision chest and left shoulder were X-rayed proved the X-ray plates and X-ray report (Ext. Ka-4 ). PW 6 SI Jai Murti Pandey who investigated the crime proved the police papers. The accused pleaded not guilty denying the alleged occurrence altogether and stating that they were implicated in the case falsely on account of enmity.;