- (1.) THIS appeal arises out of an unfortunate occurrence in which two teenagers, both co-workers at a petty tea shop, were involved. The facts of this appeal lie in a short compass. Deceased Karhley, a lad of about 17, and accused Raja Ram of the same age group, both were employed at the hotel of one Halli, situate in Mohalla Bhuin-phurwa Nath. 4 or 5 days before this murder, according to the prosecution story, the deceased had committed car-na intercourse against the order of nature with accused Raja Ram. On 6th of Oct. , 1972, the deceased and the accused both on pretext of easing themselves went away from this hotel at about 3 p. m. Both of them went to Mahewa Garhi. After finishing easing himself in the Arhar field of one Lai Mohan Singh, when Karhley deceased was tying the string of his Pyjama, Raja Ram accused expressed a desire to have a carnal intercourse against the order of nature with deceased Karhley. Karhley was not prepared to oblige him and pointedly refused the suggevstion. This is said to have enraged the accused who started assaulting Karhley with a knife. Karhley raised an alarm and this had brought to the scene of occurrence P. Ws. Chandrika Prasad and Raja Ram. Upon their arrival, Raja Ram accused is said to have run away. Karhley was lying injured. Karhley requested them to convey this information about his being injured at the hotel of Halli where he was employed. These two (persons came to the hotel of Halli, conveyed the information of this incident and thereafter Halli, accompanied by P. Ws. Indra Prasad and Mewa Lai, apart from some others, came to the aforesaid scene of occurrence forthwith. They found Karhley lying in the field of Lai Mohan Singh. Near about this place, where Karhley was lying, a Lota, a pair of Hawai Chappals and a knife were also found. Upon enquiry by Halli, Karhley gave him the details of incident. 'a cot was sent for by Halli. Halli, in the meantime, got prepared a written report which was scribed by Indra Prasad. Thereafter, Halli, took the injured on a cot to the Police Station Kotwali, Kheri, where he handed over the written report the same day at about 4. 30 p. m. The distance between the scene of occurrence and the police station is about two miles, Karhley was promptly despatched to District Hospital, Lakhimpur, for his medical examination. Karhley was medically examined by Dr. Satish Chandra Agarwal Medical Officer, District Hospital, Kheri, on the same date, namely, 6th of Oct. , 1972, at about 5. 05 p. m. The following injuries were found upon the person of Karhley: 1. Penetrating wound 8 cm. X6 cm. X abdominal cavity deep on the abdomen, 5 cm. above umbilicus, margins of the wounds clean cut, bleeding present, loops of intestine coming out of the wound vertically placed. The injury was kept under observation. 2. Incised wound 2 cm. XI cm. Xmus-cle deep below the umbilicus, bleeding present, obliquely placed. 3. Incised wound 2 cm. X 3 cm. X skin deepclose to the umbilicus on left side, bleeding present. 4. Incised wound 6 cm. XI cm. Xskin deep on the right side abdomen close to umbilicus on its right side. 5. Incised wound 1. 5 cm. X;5 cm. Xskin deep on right side abdomen, lateral aspect, 8. 5 cm. above. anterior superior iliac spine. 6. Incised wound 3 cm. X2 cm. X skin deep on the right side of the neck 5 cm. below chin. 7. Incised wound 3 cm. XI cm. Xcavity deep on the right chest 3 cm. left to the nipple-bleeding presentkept under observation. 8. Incised wound 1. 5 cm,x. 5 cm. Xskin deep on the left forearm 4 cm. above wrist joint. Bleeding. present. 9. Incised wound 1 cm. X. 2 cm. Xiskin deep on the right forearm, 3 cm. above right wrist jointbleeding present transvesely placed.
(2.) OPINION of Dr. Agarwal was that all the injuries were fresh. These were caused by a sharp edged weapon. Injuries 1. and 7 were kept under observation; The remaining injuries, however, were found to be simple. Karhley was admitted in the emergency ward. Since Karhley's condition started deteriorating, Dr. Agarwal sent a report to the Sub-Divisional Magistrate as well as Tahsil-dar-Magistrate for recording dying-declaration of Karhley. On the same date, namely, 6th of Oct. , 1972. at. about 6. 15 p. m. , Tahsildar-Magistrate, Sri B. P. Srivastava, P. W. 8 recorded dying-declaration of Karhley in the emergency ward in the presence, of -Dr. Satish Chandra Agarwal who certified the mental condition of Karhley. We are repro- ducing this dying declartion in extenso as below: Sri Kaitiley putta Hardwari Lai niwasi Arjun Purwa, ayu 18 warsh, ne ;bayan diva ki aj 3 1/4 bajje din men Power House ke pas khet mein tatti gaya tha. tatti jab men ho chuka to Raja Ram putra Lachman kahar ne mujh se kaha ki man yahan kaam nai karta. Mene kahaa ki men yah ban nahin. Men tatti dhokar utha hi tha aur apane pajama ka nara bandh raha tha ki itne men Raja Ram ne mere chakku mar diya. Men chillaya. Usne kai war chakku ke diya aur bhag gaya. Mere chillane par do ek admi mteiurkar agaye. Unse meme kaha lei Hatli Hotel par khabar kar do jahan men karta karta hun. Yah hotel Bhuipurwan Math ke chaurahe par kal. Halli malik ka nam hai. Bahut der bad hotel ke malik aur. admi wahan pahunche aur mujhe khatiya par asptal laye. Karhley died. in the hospital on 8th Oct. 1972, at about 4. 45 a. m. , in spite of best medical aid. Thereafter, on receipt of the , the case was altered ,as one failing Under Section 302, I. P. C. Earn Dayal Rai, Sub inspector, went to the hospital and prepared inquest report relating to the dead body of Karhley. It was sealed and sent for autopsy. The. autopsy upon the dead body was conducted by Dr. Ram Singh, Medical Officer, District Hospital, Lakhknpiar-Kiieri, on 8th of Oct. , 1972, at 3. 30 p. m. The age of the deceased, according to Dr. Singh, was about 17 years. The following ante-mortem injuries were found upon the dead body: 1. Stitched wound 12 cm. long with ten stitches xm the middle line and right side of abdomen, 5 cm. above the symphysis, and 1 cm. outer to the middle line, vertical, stitches removed it was an incised wound 12 cm. Xl cm. underneath the rectus ahead and peritoneum was stitched. 2. Stitched wound 2 cm. long with two stitches on the left side of abdomen, 2. 5 am. below the umbilicus at 5 O'clock position vertical, stitch removed it was am incised wound 2 cm. longx1 cm. width upto muscle deep. 3. Stitched would 2 cm. long with, two stitches am the left side of abdomen, 1 cm above the umbilicus at 1 O'clock position, stitches removed it was an in-eased wound 2 cm. X'1 cm. Xskin deep. 4. Stitched wound 1 1/2 cm. long with one stitch on the right side of abdomen, 10 cm. outer to the umbilicus at the same level, it was an incised wound of l cm. Xskin deep. 5. Stitched wound 3 cm. long with two stitches an the right side chest, 3 cm. inner to the right nipple at the same level vertical, stitches removed, it was an incised wound 3 cm. X 1 1/4cm,x chest cavity deep. 6. incised wound 3 cm. X. 2 cm. 2xskin deep on the right side neck 4 1/2 cm. below the chin, just by the side of middle line oblique. 7. incised wound 1. 5 cm. X3 cm. X superficial skin deep on the left forearm on the front 4 cm. above the wrist joint, oblique. 8 Stitched wound 1 cm. long with one stitch on the right forearm, front, 5. cm. above the wrist joint, oblique, stitches removed it was an incised wound. 1 cm. X. 3 cm. Xskin deep. 9. Stitched wound 1 1/2 cm. long with two stitches on the back of neck lower part just below the tip of 7th cervical spine in the middle line stitches removed it was an incised wound l cm. X1 cm. X tissue deep.
(3.) INTERNAL examination revealed that there was blood ecchymosis present under injury No. 5 on right chest, and right chest wall was punctured under injury No. 5. Right pleura was also punctured under injury No. 5 and the right pleural cavity contained 70 M. L. of fluid blood. Right lung was punctured under injury No. 5 and was covered with blood. The stomach was empty and was found to be stitched at two places. The opinion of Dr. Singh was that death was caused due to shock and haemorrhage as a result of ante-mortem injuries which, in his view, were sufficient in the ordinary course to cause death.;