- (1.) B. L. Loomba, J. Dr. J. K. Pathak was posted as Veterinary Surgeon at Veterinary Hospital Gouriganj, District Sultanpur. He was living alone in one of the quarters built in the Housing Complex within the hospital com pound. During Holi holidays of 1984 he left Gauriganj presumably for his home on 13-3-1984 and returned on 19-3-1984. He was found murdered in the morning on 20-3-1984 by the hospital staff. Meraj Ahmad and Arshad Ali were tried for the offence of this crime but were acquitted by Shri On keshwar Bhatt by his judgment and order dated H-10-1985 the then Additional Session Judge, Sultanpur, the State Government has come in appeal against the said judgment of acquittal dated 11-10-1985.
(2.) DURING the relevant time both the accused respondents were admit tedly posted at the same hospital; respondent Meraj Ahmad as Stockman while Arshad Ali as peon. It is the admitted position that both these appel lants were permitted by the deceased to be on leave from 9th March to 13th March, 1984 and as per the prosecution case they were directed to return to the hospital on 13-3-1984. The plea raised by the respondents, however has been that they were on leave upto 13th March, 1984 and were required to attend to their duties on 14th March, 1984. Prosecution case is that when the respon dents did not return to the hospital on 13th March, 1984, deceased got energy and marked both the respondents absent in the attendance register before proceeding on leave on 13-3-1984. When the deceased returned on 19-3-1984 and checked up the attendance register he found that entry of absence which had been marked by him in the register for the respondents had been scored out and the respondents had instead recorded their presence on all the dates from 9th to 13th March, 1984. The deceased on seating this erasing of the absence entry in the attendance register and the respondents having marked them present and signed became furious and rebuked the respondents in pre sence of some members of the staff of the hospital. This, according to the prosecution had its original reaction on the respondents and in a fit of agita tion and anger they committed the murder of the deceased sometime during the night by strangulation and then set the dead body on fire. First information report of the occurrence was lodged by Meraj Ahmed, respondent and one Ram Charan Lal Khare who was compounder at the hospital. Ram Charan has appeared as prosecution witness PW 4 and according to him, this first information report was written by him as dictated by accused Meraj Ahmed which contains the signature of both accused Meraj and Ram Charan Lal. It is a short first information report stating that the deceased did not open the door of his house at about 6 in the morning. Peon Arshad Ali went to knock the door and made a loud call for the doctor. There was no response and the door was not opened. The informer then went from the back side of the house and saw through the opening of the back door that the charpoy and the bedding on which the deceased was sleeping in the verandah of the house was burnt and the doctor had died. The smoke was also coming from the spot. On the basis of this written first information report the case was registered at the Police Station at 7. 10 a. m. According to this G. D. entry the written first information report was lodged by accused-respondent Meraj Anmed. Raja Ram Upadhyaya was sub-Inspec tor posted at the Police Station before March, 1984. He was are trusted with the investigation and after registration of the case he is sad to have gone to the spot. He appeared as PW 9 on 26-8-1985. At that time he had retired from Government service. He reached the spot and found the dead body of Dr. Pathak lying on the charpoy. Panchayatnama was prepared which is Ext. Ka. 6 on record. According to this document the body of the deceased was lying on the charpoy in the western verandah of the house. The southern side of the charpoy was found to have been burnt while the other side had not been burnt. Some smoke was found coming from the fire which had finished. In the unusual situation the Investigating Officer considered it necessary to have the post-mortem examination of the dead body done and after due sealing of the dead body and completing other formalities the dead body was sent for post-mortem examination through constable Sobh Nath who has filed his affidavit as PW 3. According to him the dead body was handed over to him at about 9. 45 a. m. The Investigating Officer found some meat, cooked rice and onion lying in the verandah near the charpoy. According to the inquest report and statement of the Investigating Officer a match box and a packet of cigarette was also found on a table near the charpoy. Three empty bottles, one of foreign liquor and the other two of country made liquor were also found Iving in the verandah which were taken in possession by the Investigating Officer. One country made pistol was also recovered from an open small box in one of the rooms of the house. According to this witness the investigation was then taken in hand by the Station Officer. Tei Narain Misra was the Station Officer of the Police Station and he did nothing worth while in regard to the investigation except that he received the result of the postmortem examination and the case was converted to be one under Section 302, of the Indian Penal Code, Only thing stated by Tej Narain Misra as PW 7 if that he made some. interrogation on 21-3-1984 but no useful clue of the crime could be found and thereafter he was transferred. Shri T. N. Misra was succeeded as Station Officer by Shri Ram Behari Singh who has appeared as PW 8. According to him he stated with the investigation of this case on 27-3-1984 and recorded the statements of witnesses S. P. Srivastava, Ram Charan Lal, Kalu Ram and Ram Kishore. He examined the attendance register of the hospital and took it in possession on 27-3-1984. Statements of some other persons were recorded on 27-3-1984 and he interrogated the accused-respondents also. On 29-3-1984 he is said to have recorded the statements of Jai Narain Tewari, Block Pramukh and Badri Prasad and on the basis or the evidence so collected he was satisfied about the implication of the accused-respondents in the crime and he is said to have arrested them on 2-4-1984. He completed the investigation on 10-5-1984 and submitted the charge-sheet on that date.
(3.) POST mortem examination of the dead body was done by Dr. K. N. Singh who was Medical Officer, Incharge, Sultanpur Hospital on 20-3-1984. Dr. K. N. Singh has appeared as PW 5. The postmortem examination is said to have been done at 5 p. m. It was considered expedient by Dr. K. N. Singh to associate some other doctors also in the post-mortem examination, namely, Dr R. S. Agarwal. Dr. V. K. Verma and Dr. R. K. Mathur. The post mortem examination appears to have been done by Dr. R. S. Agarwal who has signed the post-mortem examination report which is Ext. ka-4 on record. It has been signed by Dr. R. S. Agarwal and the other doctors, namely, Dr. K. N. Singh, Dr. V. K. Verma and Dr. R. K Mathur have signed mentioning that they agree with the findings in the report. The deceased was aged about 45 years. General condition of the body was regards muscularity could not be tested due to severe degree of burns. Riger mortis was present on the left upper arm. Important noticeable feature recorded was that-tongue was found clinched in between the teeth. The following ante- mortem injuries were found :- "superficial and deep burn on both lower limbs, both hips, back, thorax and abdomen, face right side and medical aspect of left side c f face, right upper arm, neck, head with singing of hairs. Blisters were present at places on left side of chest and writs on left side. Muscle and bones were cooked and charred on both lower limbs, abdomen, right side of chest in the back on both sides with large intestines protruding out from right side. In the back right upper limb muscles and bones cooked and charred. Parts spared from burns were recorded to be left forearm, upper arm, hand and left side of chest and part of left bald of face. Signs of inflamation were present, blisters were also present at places on left side of chest and wrist on left side. A nail was found in right side of femur. There was no smell of kerosene oil. " The internal examination revealed that scalp and skull bones were burnt and hair singed. Membrances was congested all over more on the right side. Brain was congested more on right side. Another noticeable feature was that hyoid cartilage was fractured and cornua of hyoid born was fractured. No scoty particulars were present in trachea. Gross congestion of trachea was present. The stomach was congested and was empty. Small and large intes tines were also empty. The cause of death was recorded to be asphyxia due to strangulation. Viscera was preserved for examination Both accused-respondents pleaded innocence. In their statements under Section 313, Cr. P. C. both Meraj Ahmad and Arshad Ali admitted that they were on leave from 9-3-1984 to 13 3-1984. According to them they were required to return to their duty on 14-3 1984. They denied that they made any interpolation in the attendance register. It was also denied that the deceased rebuked them. They are said to have been arrested merely on the basis of suspicion. Meraj Ahmed stated that the deceased returned from leave on 19-3-1984 and he had gone to greet him for Holi and other members of the staff and public had gone to the deceased for Holi greeting till late in the evening and the doctor was having liquor which he used to take almost everyday. According to this accused he had slept at about 10 p. m. Peon Arshad Ali informed him 11 at the doctor was found burnt and had died and thereupon the first information report was recorded by him and Ram Charan Lal and was lodged at the Police Station. It was placed that he was arrested on 27-3-1984. One thing important stated by the accused is that suttings in the attendance register were made and entires about their presence and signatures were obtained from him by the police by threat and beating. Virtually, the same plea is taken by Arshad Ali in his statement under Section 313, of the Code of Criminal Procedure.;