G. B. Singh, J. - (1.) THIS is an appeal by the State Government under section 378 CrPC against the judgment and order dated 1-4-1982 of the Sessions Judge, Rae Bareli acquitting the accused-respondents for the charge under sections 302/34 IPC.
(2.) THE case of the prosecution was that Mata Badal was Pradhan of village Kushmaura. He allotted some Gaon Samaj land to Ram Avadh Murai. Gaya Prasad, Ram Jeet and Ramesh Kumar accused-respondents wanted to take that land from the Pradhan. Having remained unsuccessful in their attempt to obtain that Gaon Samaj land from him, they tried to occupy it forcibly against which Mata Badal assisted Ram Avadh Murai. Due to these facts Gaya Prasad, Ram Jeet and Ramesh Kumar were harbouring ill-will against Mata Badal. On 1-10-1981 at about 7 a. m. Mata Badal was going to see his fields which are towards north of the abadi of his village at a distance of about one mile. When he reached near the field of Shahzad which is at a distance of about three or four furlongs towards north from the abadi of that village, he sat in the field of Smt.Kalawati for easing himself. At that time Gaya Prasad and Ram Jeet, who were armed with lathis, and Ramesh Kumar armed with a kanta came from south and challenged Mata Badal and declared that they would teach him a lesson for executing the patta. Mata Badal in order to save himself ran towards east and the three accused chased and surrounded him in the field of Shahzad. THEy assaulted him with lathis and kanta due to which he received injuries and fell down. Ram Chandra Misra, brother of Mata Badal, who was also easing himself in a neighbouring field, raised alarm. Shahzad, Ram Sewak, Sushil Kumar and Chandra Bhushan also arrived and challenged the assailants whereupon they ran away towards west. On account of the injuries received Mata Badal died on the spot. Ram Chandra Misra lodged the First Information Report at police station Mahrajganj on the same day at 10.05 a. m. Police station Mahrajganj is at a distance of about 5 kms. from the place of incident. On the report a case under section 302 IPC was registered. Sri S. S. Shukla, Station Officer, investigated the case. He went to the place of incident. He inspected the place of incident and prepared the site-plan. He also prepared the inquest report and sent the dead body for post-mortem examination. The autopsy on the dead body of Mata Badal was held on 2-10-1981 at 3 p. m. at mortuary Rae Bareli by Dr. R. K. Gupta PW 2. On external examination he found the following ante-mortem injuries :- 1. Lacerated wound left palm 4 cm. x 1 cm. bone deep ; underlying bone broken. 2. Lacerated wound right side of scalp 2 cm. x 1.5 cm. x bone deep 4 cm. above right ear ; underlying bone broken. 3. Lacerated wound right side of scalp 1.6 cm. x 3 cm.x bone deep, 3 cm. from injury no. 2 ; underlying bone broken in multiple pieces. 4. Incised wound 8 cm. x 2 cm. x bone deep, 4 cm. behind right ear, 5. Contusion right shoulder outer aspect 8 cm. x 2.5 cm. 6. Contusion right side of back 10 cm. x 6 cm. behind injury no. 5. 7. Contusion left side of back 12 cm. x 8 cm., 8 cm. below left shoulder. Bleeding was present from both ears and nose. On interna! examination the doctor found that the skull was broken in multiple pieces. Occipital, parietal and temporal bones were also fractured. Roof of the upper eye-ball was also fractured. Membranes were teared off at multiple places. The brain was lacerated in right-central and left-Central hemisphere underlying injuries nos.2, 3 and 4 and haemotoma was present in left temporal region. According to him, the cause of death was shock and haemorrhage on account of the injuries sustained by the deceased.
(3.) THE Investigating Officer after completing investigation submitted charge- sheet against the accused-respondents. On behalf of the prosecution six witnesses were examined. Ram Chandra Misra PW 1 and Shahzad PW 3 are eye-witnesses of the incident. Dr. Ram Kumar Gupta PW 2 conducted the post-mortem examination. Constable Surya Pal Singh PW 4 brought the dead body from the place of incident to the Mortuary, Rae Bareli, for the post-mortem examination. Constable Ram Naresh Misra PW 5 took sealed bundles to Agra for chemical examination. S. O. Shiva Sewab Shukla PW 6 investigated the case. The accused persons denied that they committed murder of Mata Badal. Their case was that they were falsely implicated in the case on account of enmity.;