R. C. Deepak, J. - (1.) -The State of U. P., after seeking the permission, has filed this Government appeal against the judgment and order dated 28.2.1984, passed by Sri V. P. Kalra, learned Sessions Judge, Non-metropolitan Area, Kanpur in Sessions Trial No. 273 of 1982 under Section 302/34, I.P.C., Police Station Sikandra, district Kanpur Dehat whereby he acquitted the accused Hira Lal and Ramesh.
(2.) THE brief facts of the case are that Ananti Kori and Smt. Nanhi are said to be a married couple. Sita Ram, Lala Ram and Gaya Prasad are their sons. Ananti Kori had already died. Smt. Nanhi remarried Ram Kishen resident of Sikandra, district Kanpur Dehat. She came to Ram Kishen alongwith her three minor sons. Ram Kishen brought them up and also got their marriages solemnized. It is further disclosed that before re-marrying Smt. Nanhi, Ram Kishen had married two women, that his first wife died issue-less, but he procured two daughters named Ganga and Sukh Dei from his second wife. Both of them are married. Sukh Dei is living at her parental house with her husband Hira Lal for the past 8/9 years. A daughter named Mangal Dei was born out of the wedlock of Ram Kishen and Smt. Nanhi, who is married to Chhotey Lal. Six/seven years ago, Ram Kishen had sold his 1-1/2 beegha land. THEreafter, he had executed a Will deed of his entire property in the name of his above three sons. THE execution of this Will deed annoyed Hira Lal and his family members and they developed enmity against them. He also put pressure upon Ram Kishen to give some share of his property to him, but he did not agree, that at the time of the marriage of Sita Ram, Hira Lal and his son abused and threatened Ram Kishen of dire consequences in case some share would not be given to them. It is alleged that in the intervening night of 8/9.7.1981, Hira Lal with kulhari and his son Ramesh with kanta made the assault upon Ram Kishen, who sustained injuries. On alarm, the informant and others reached there. THEy tried to apprehend them, but they escaped from there. Ram Kishen was managed to carry to the hospital wherein he died. Regarding the above occurrence, Sita Ram lodged the first information report (Ext. Ka-1) registered as Case Crime No. 121 of 1981 under Section 302, I.P.C. at Police Station Sikandra, district Kanpur Dehat against Hira Lal and Ramesh. The investigation into the case was carried by Sub-Inspector Ram Swaroop (P.W. 10). He visited the place of occurrence, took the dead body into his possession, prepared the inquest (Ext. Ka-8) on the dead body. He sent the dead body in sealed cover for post-mortem examination. He prepared the site plan (Ext. Ka-14), recorded the statements of the witnesses, effected the arrest of the accused and also recovered a dharia, the weapon of offence at the pointing of Ramesh. Dr. D. Bhatnagar (P.W. 5) conducted the post-mortem on the dead body of the deceased and he found that the deceased was an old man of 65 years and of average good muscular body. His death had taken place about 1-1/2 days earlier. Eyes were closed. Mouth was open. Tongue was protruding. Rigor mortis had passed off from upper limbs and was present in the lower limbs. Post-mortem staining was present. Abdomen was distended. He found only one ante-mortem injury of 22 cm. x 5 cm. across the right side of face extending from right side of nose behind the right year to the occipital region which was bone deep. On internal examination, the above-named Medical Officer found that right temporal and occipital bone were fractured under the ante-mortem injury noted above. Membrane were congested below injury No. 1. Brain was liquified. There was fracture at the base below injury No. 1. First two cervical vertebrae was fractured under injury No. 1. Spinal cord was not opened and no abnormality was found in the thorax, pleura, larynx, lungs, pericardium. Heart was empty and weighed 150 grams. There was also no abnormality in the vessels or in the abdomen. Buccle cavity on the right side and pharynx were incised under injury No. 1. Four oz semi digested food was found present in the abdomen. Large and small intestines were half full with gases. Gall bladder was normal and weighed 112 grams and was half full. No abnormality was found in the pancreas and spleen as also kidneys and organs of generation. The bladder was half full.
(3.) IN the opinion of Dr. Bhatnagar, death was due to shock and haemorrhage due to ante-mortem injury noted by him. The post-mortem examination report is Ext. Ka-2. After the completion of the investigation, the Investigating Officer submitted the charge-sheet (Ext. Ka-19) against the accused.;