- (1.) D. K. Trivedi, J. The present Criminal Appeal was filed against the judgment and ordei Oated 26-3-1980 passed by the Sessions Judge, Pratapgarh, convicting accused Chhotey Lal under Section 302, IPC and sentencing him to imprisonment for life in connection with an incident which is alleged to have taken place on 16-3- 1979 at about 10. 00 a. m. in village Chhemar Saraiya Police Station Lalganj, District Pratapgarh.
(2.) ACCORDING to the prosecution case on 16-3-1979 at about 8. 00 a. m. Kalu Ram son of Bhaggu was irrigating his wheat field from the canal. It is said that he had been irrigating his field from the preceding evening but still the entire filed could not be irrigated. At the said time accused Chhotey Lal was cutting the mustard plants by the sickle. It is said that the accused closed the Nali diverting it towards his field. Ram Dular son of Kalu Ram raised an objection and on this some altercation took place between Ram Dular and accused Chhotey Lal and it is said that accused began to abuse Ram Dular. It is the case of the prosecution that then Kalu Ram told Ram Dular to go away to his house and that he would come later on, there upon Ram Dular returned to his house. It is said that in the meantime the accused also reached there and then Bhola Nath told to the accused that it was not proper for him to have diverted the water to his own field and still he was using abusive language. It is said that some alter cation took place between Bhola Nath and accused Chhotey Lal and hearing alterca tion witnesses reached there. It is the case of the prosecution that during the course of exchange of hot words, Bhola Nath strongly prolested and stood up. The ac cused became angry and gave sickle blow to Bhola Nath causing injuries on the chest of Bhola Nath. Bhola Nath fell down on the ground and died there and the accused thereafter ran away. It is not dispuled that the "dalaan" of the accused lies at a distance of two paces from the house of Bhag gu and deceased Bhola Nath and just thereafter there is the house of accused Chhotey Lal. Bhaggu got a report, Ext. Ka-1 written from his grandson Ram Dular and Ram Dular lodged the same at Police Station Lalganj at 12. 15 p. m. The Police Station is at a distance of 11 miles from the scene of the occurrence. On receipt of the written report, a chick report was prepared and the case was registered in the General Diary. P W-5 O. P. Misra, took up the inves tigation and recorded the statement of Ram Dular and the Clerk Constable at the Police Station itself and thereafter he proceeded for the scene of the occurrence reaching there at about 1. 30 p. m. On the spot he prepared inquest report Ext. Ka-6 and other relevant papers Ext. Ka-7 to Ka-9 for autopsy on the dead body of Bhola Nath. The Investigating Officer thereafter recorded the statement of other witnesses and recovered blood stained earth and prepared site-plan Ext. Ka-11. The Investigating Officer arrested the accused Chhotey Lal on 19-3-1979 near the Poultry Farm at Pratapgarh. The accused volun teered to hand over the sickle and took the Investigating Officer to a Nala and after removing the earth, he took up the sickle Ext. Ka-1 and handed over the same to the Investigating Officer. The Investigation Officer also prepared site-plan from where the sickle was recovered and after completing the investigation he submitted charge-sheeta gainst the accused. Pw-6dr. D. C. Srivastava who con ducted autopsy on the dead body of the deceased, found the following antemortem injuries on the dead body of Bhola Nath. The post-mortem report is Ext. Ka-15: (1) Incised would 3-1/2" x 2" x chest cavity deep, on front and upper point of left side of chest 2-1/2" above the left nipple at 10 O' clock position. The long axis of the wound was in the direction of 10 O' clock position from the nipple. The third rib and pleura were found cut under neath the wound. The margins of the wound were clean cut, smooth and even. (2) Incised would 1/2" x 1/10" x skin deep, on the outer side of pinna of left ear just above the ear lobule. According to the Doctor the death was caused due to shock and haemorrhage as a result of injury No. 1.
(3.) THE prosecution, in support of its case, examined seven witnesses. Out of them PW-1 Ram Dular, PW- 2 Brij Lal, PW-3 Ram Raj are the witnesses of fact. PW-4 Ram Kirpal Misra Clerk Constable registered the case and prepared chick report. PW-5 S. I. , O. P. Misra, conducted the investigation in the case and submitted charge-sheet. PW-6 Dr. D. C. Srivastava conducted autopsy on the dead body of the deceased and proved the post-mortem report Ext. Ka-15. PW-7 Constable Anil Kumar Shukla brought the dead body of Bhola Nath to the mortuary for post-mor tem examination. On the other hand the accused denied the prosecution case and he denied the diverting of the water and closing of the Nali. He further denied that he had given sickle blow on the chest of deceased Bhola Nath and thereafter fled away. He stated that he was implicated due to enmity.;