- (1.) R. K. Shukla, J. Shiam and Ritthu appellants have preferred this appeal against the judgment and order dated 14-11-77, passed by the Sessions Judge, Dehradun, whereby he has convicted and sentenced Ritthu appellant under Sections 302 and 323, I. P. C. and sentenced him to imprisonment for life and six mouths'. respectively on the aforesaid counts. Shiam appellant has been convicted of the offence under Section 323, IPC. and sentenced to six months' R. I. The other three accused, namely, Ashok, Kalu and Dallu have been acquitted of all the charges leveled against them.
(2.) BRIEF facts of the prosecution case are that on 17-8-76 Inder Singh (P. W. I) complainant and Kundan (deceased) had gone to see the JANMA-SHTAMI fair in Raipur. When they reached the canal bridge at about 5 p. m. , the aforesaid five accused, one Anup and two or three other persons met them. Among them Ritthu, Shiam and Anup had Lathis while others were empty handed. They remonstrated the complainant and Kundan (deceased) that they acted as informers against their friends, Baru and Shashi on which an altercation followed. Complainant Inder Singh and Kundan (deceased) were then attacked by the aforesaid 8-9 persons with Lathis, kicks and fists, Kundan died at the spot while Inder Singh complainaat sustained several injuries. On their alarm the witnesses, Laxman Siagh (PW 2), Prem Dutt Sharma (PW 6) and Inder Siagh (PW 7) arrived. It is further alleged that appellant Ritthu threw Kuadan deceased into canal shouting that he had laid him cold and he cared little for being hanged. Thereafter all the accused escaped. Then luder Singh complainant got an F. I. R. written by Bharat Singh and lodged it at police station, Dalauwala at 5. 50 p. m. on the same day. A case was registered and investigation started by Sri Anand Swarop Sharma (P W 9 ). The statement of the complainant was recorded by him at the police station and Shiv Raj Singh, S. I. (P. W. 8) was sent to the place of occurrence. The 1. O. also reached the place of occurrence. After some time the dead body of Kundan was recovered from a lower point of the canal and formalities of the inquest report etc. were done by Shiv Raj Singh, S. I. (P. W. 8 ). Thereafter the dead body was sent for post mortem examination. Sri Inder Singh complainant (P. W. 1) was medically examined by Dr. R. N. Singh, Medical Officer, Dehradun at about 6 20 p. m. on 17-8-76 and eight fresh injuries were found on his parson. Out of whom two are lacerated wounds, two incised wounds, one abrasion and three are contusions. Injuries No. 4 and 5 were kept under observation and x-ray of skull and elbow were advised. The aforesaid injuries are noted down by the doctor in the injury report, Ex. Ka. 10. The post mortem on the dead body of Kundan was performed at 2 p. m. on 18-8-76 and the doctor found the following ante mortem injuries on the dead body of the deceased (1) Bluish swelling 5 cm x4 cm over right upper eye lid, (2) Swelling traumatic 4 cm x3 cm over right forehead just above eye brow. On internal examination the doctor found scalp skull bones of (vertex) Fracture (Anterio-posterior) involving whole of frontal bone right side and whole of parietal bone right fracture. It was opined by the doctor that the death had occurred due to shock and hemorrhage as a result of injuries in the head. The post mortem examination report was not disputed, hence the doctor was not produced and it has been exhibited as Ex. K. a-23.
(3.) AFTER completion of the investigation six persons were sent up for trial. Out of whom four, namely, Ritthu, Dallu, Shiam and Anup were stated as absconding. Later on the first three had appeared in the trial court and only Anup remained absconding. Thus in this trial five persons mentioned above were tried. The prosecution has examined nine witnesses in support of its case. Out of whom Inder Singh (P. W. 1) complainant, Laxman Singh (P. W. 2), Prem Dutt Sharma (P. W. 6) and Inder Singh (P. W. 7) are the eye- witnesses of the occurrence. Rest of the witnesses are the aforesaid doctor, I. O. and other police officials, who are formal in nature.;