K.C.Bhargava, J. - (1.) ACCUSED persons, namely Hari Shanker, Uma Shanker, Om Pal, Hori Lal, Bhayanna Singh and Naresh Pal Singh have been acquitted by the learned Vllth Additional Sessions Judge, Hardoi by his Judgment and order dated 29.5.1979 passed in Sessions Trial No. A-467 of 1978 of the charge under Sections 147, 323, 302,I.P.C. Aggrieved against this acquittal, the State has come up in appeal and has challenged the correctness of the order passed by the learned Vllth Additional Sessions Judge, Hardoi.
(2.) THE incident in the present case took place on 23.3.1978 at about 7.00 p.m. in village Chaina which is about 7 miles from police station Manjhila. According to the prosecution case, there was enmity between the deceased and the accused persons. THE complainant and the deceased had their enmity with Hari Shankar, one of the accused and his father with respect to land. One case under Section 307, I.P.C. was pending against Hari Shanker accused and his father Bhagwati Charan. A case under Section 107, Cr. P.C. was also pending between the parties. It has also been narrated in the first information report that Hari Shankar and other accused persons were in the look out to kill the deceased Hannu Prasad. THE facts as narrated by the prosecution are that the informant of this incident, Ashok Kumar Chaturvedi (P.W. 1) was studying in Class X in Sri Devi Sampad Inter College, Numukeshu Ashram, Shahjahanpur. On the date of the incident, i.e., 23.3.1978, his father, deceased Hannu Prasad, had gone to Shahjahanpur to take him to the village. While they were coming back to their village on motor-cycle and reached near the field of Gopal Barhai at about 7.00 p.m., the accused persons who were armed with lathis came out and surrounded the motor-cycle. THEy saw the accused persons in the light of the motor cycle. Accused Hari Shanker asked other accused persons to kill Hannu Prasad whereupon all the accused persons started beating Hannu Prasad with lathis. Both of them fell down from the motor cycle. Ashok Kumar Chaturvedi tried to save his father but he was also assaulted and he ran towards southern side. On alarm being raised by these two persons, persons from the village side came on the spot. Witnesses Malkhan (P.W. 3). Chittar (P.W. 5) and Chaina came on the spot. Inspite of the fact that the witnesses had reached the place of occurrence, the accused persons continued assaulting Hannu Prasad. When some persons from the side of village Chaina shouted that they are coming, then the accused persons ran away. After the accused persons had run away, the complainant and the witnesses went towards the deceased and found that he was still alive. THEreafter wife of the deceased and many other persons came on the spot on the tractor trolley, and the injured was taken to the police station where the complainant lodged the report of the incident. From the police station, a constable was sent along with injured Hannu Prasad to Hardoi for medical examination. When they reached near village Kaura, Hannu Prasad died and, therefore, they returned back to the police station. THE report was scribed by Puttu Lal (P.W. 10) which is Ext. Ka-1. Previously this report was lodged under Section 307,I.P.C. After the death of the deceased, the case was converted into Section 302, I.P.C. At the time of lodging the first information report, S.I. Rais Ahmad was present at the police station. He started investigation of the case. After conducting the investigation, he submitted the charge-sheet. Dr. A. K. Mehrotra (P.W. 2) examined the deceased and found the following ante-mortem injuries on the person of the deceased. 1. Lacerated wound 5 cm. x 1/2 cm. x scalp deep on left side of skull 15 cm. from left eye brow and 1 cm. left to mid line, obliquely placed. 2 Lacerated wound 6 cm. x 0.6 cm. x scalp deep 19 cm. from left eye brow and 2 cm. left to mid line, obliquely placed on skull. 3 Lacerated wound 7.4 cm. x 0.7 cm. x scalp deep on left side of skull 4 cm. behind injury No. 2, obliquely placed. 4 Lacerated wound 4 cm. x 1/2 cm. x bone deep on left side of skull 12 cm. from left ear and 8 cm. from occiput. Depressed skull fracture under the injury, obliquely placed. 5 Lacerated wound 2 cm. x 1/2 cm. x scalp deep on occiput of skull obliquely placed. 6 Lacerated wound 6.5 cm. x 0.6 cm. x bone deep on right parietal prominence of skull with fracture of underneath skull bone. It is obliquely placed. 7. Lacerated wound 4.5 cm. x 0.5 cm. x scalp deep, 4 cm. behind injury No. 6 on the right side of skull, obliquely placed. 8. Lacerated wound 3 cm. x 0.6 cm. x scalp deep on right side of skull 4 cm. right to mid line at the level of occiput of skull, obliquely placed. ft Contusion 4.9 cm. x 2.5 cm. on left angle of mandible, obliquely placed. 10. Abrasion 1 cm. x 1/2 cm. on right alna of nose. 11. Contusion 9 cm. x 3 cm. on outer surface of upper 1/3 of right upper arm obliquely placed. 12. Contusion 4 cm. x 2.8 cm. on outer surface of right upper arm 9 cm. above right elbow, obliquely placed. 13. Lacerated wound 3.5 cm. x 0.8 cm. x bone deep on outer and palmer and faces of proximal part of right thumb. THEre was fracture of underneath proximal phalanx of thumb. 14. Lacerated wound 2 cm. x 1 cm. x muscle deep on web of right palmer between index and middle fingers. 15. Contusion 6 cm. x 2.7 cm. on dorsum of right hand, obliquely placed. 16. Contusion 10 cm. x 3.2 cm. on outer surface of upper 1/3 of left upper arm, obliquely placed. 17. Multiple contusions in an area of 27 cm. x 10 cm. on dorsum of left hand extending to lower 1/3 of back of left forearm. 18. Contusion 5 cm. x 2.7 cm. on front and face of right knee. 19. Two abrasions each 1.5 cm. x 1.2 cm. and 3 cm. on lower surface of right knee. 20. Multiple contusion in an area of 28 cm. x 20 cm. on back spread on either side of mid line from thorasic 6 to lumber-2 vertebra on level. THE death took place about 3/4 day before. On internal examination he found that right parietal and left occipital bones were fractured under injuries Nos. 4 and 6. Membranes were lacerated. Clotted blood was present on surface of brain. THE death was caused due to shock and haemorrhage as a result of ante mortem injuries. Dr. J. K. Verma (P.W. 9) examined the injuries of Ashok Kumar complainant (P.W. 1) on 24.3.1978 at 2.00 p.m. and found the following injuries on his person: 1. Contusion 8 cm. x 2 cm. on the lateral side of left. 1 cm. below top of shoulder, red in colour, obliquely placed. 2 Contusion 10 cm. x 2 cm. on the lateral and posterior aspect of left arm, 3 cm. below injury No. 1, obliquely placed, red in colour. 3 Contusion 6 cm. x 2 cm. on the back of left shoulder just below the spine of scapular and just lateral to it, obliquely placed, red in colour. 4. Contusion 10 cm. x 2 cm. on the back of right shoulder over the scapular region, obliquely placed, red in colour. 5 Contusion 7 cm. x 2 cm. on the back of chest, obliquely placed, just medial to injury No. 4, on the right side, red in colour. 6 Abrasion 4 cm. x 2.5 cm. on the lower side back just lateral to mid line and at the level of T.2 vertebra. 7. Complaint of pain on the back of neck, left forearm and both glutal regions. All the injuries, except injury No. 4, were simple and were caused by blunt object and their duration was about one day. Injury No. 4 was kept under observation and on X-ray it was found to be simple. The prosecution examined Ashok Kumar Chaturvedi (P.W. 1) complainant. Dr. A. K. Mehrotra (P.W. 2) who conducted the post-mortem examination, Malkhan (P.W. 3) eye-witness, Vishwa nath (P.W. 4), Chiitar (P.W. 5) eye-witness, Shaukat Ali (P.W. 6), Ram pujan Yadav (P.W. 7), S. I. Rais Ahmad (P.W. 8), Dr. J. K. Verma (P.W. 9) who examined the injuries of the complainant, and Puttu Lal (P.W. 10) who is scribe of the first information report.
(3.) THE defence examined Pratap Narain Gupta (D.W. 1), Subedar Singh (D.W. 2 md Hardwari Lal (D.W. 3). THE court also examined Mool Chandra Tewari (C.W. 1). - perusing the evidence on record, the learned Vllth Additional Sessions, Hardoi acquitted the accused persons as aforesaid. Aggrieved against the order, the State has come up in appeal and has challenged the correctness of the findings recorded by the trial court.;