K. N. Ojha, J. - (1.) -This Government appeal has been preferred from judgment and order dated 6.3.1981 passed by Vth Additional Sessions Judge, Bareilly in S.T. No. 432 of 1980, acquitting accused Narain, Chhadammi, Pyare Lal and Ram Sahai under Sections 302 and 307, I.P.C. each read with Section 34, I.P.C. Ram Bahadur the first informant has preferred Criminal Revision No. 978 of 1981, from the impugned judgment aforesaid.
(2.) SINCE accused respondents Pyarey Lal and Ram Sahay were reported having died, the State appeal filed against them stood abated vide order dated 6.2.2008. Brief facts of the case giving rise to this appeal are that Ram Sahay had three sons Narayan, Chhadammi and Pyarey Lal and Ram Lal was saru of Ram Sahay. Ram Bahadur is the son of Het Ram, and Janki happened to be the uncle of Ram Bahadur. At about 8.00 a.m. on 24.9.1980 Ram Bahadur alongwith Janki Prasad was going to their house from the gher and as they reached in front of the gher of Ram Sahai accused Ram Sahai shouted that Janki had removed the wooden log of his rahat. Immediately Janki denied this fact and then at the exhortation of Ram Sahai his sons Narain, Chhadammi and Pyarey Lal assaulted him. Narain and Chhadammi caused injuries to Janki with knife and Pyarey Lal with lathis. On the alarm raised by Ram Bahadur the assailants gave him lathi blows. Hearing the shrieks of Janki his nephew Tika Ram, one Lal Karan and Brij Lal rushed to the scene of occurrence and as they challenged the assailants they made their escape good. Thereafter Ram Bahadur got report of the occurrence scribed by Brij Pal son of Janki and went to Police Station Bhamora taking injured Janki in bullockcart and lodged F.I.R. of the occurrence on the same day at 11.05 a.m. Both the injured were sent to P.H.C. Bhamora Hospital for their medical examination and treatment. Dr. S. S. Rawat medically examined Janki at 11.45 a.m. the same day and found following injuries on his body : 1. A stab wound measuring 3 cm. 1 cm. not probed to avoid surgical ground. Wound situated at thoracic 8-9 spine on back of chest. Fresh blood oozing. Coarse crepitation present. 2. A stab wound measuring 2 cm. 1 cm. just 3.5 cm. apart to injury No. 1 (towards left side) on back of chest, fresh blood oozing and bubble of gas. 3.A stab wound 3 cm. 1 cm. on left side of back of chest 6 cm below injury No. 2. Breath sound absent on auscultation-left infra-scapular region. Fresh blood oozing from wound. Depth for injury No. 2 and 3 not probed to avoid surgical complication. Pulse feeble. Patient gasping unconscious. Margins clean cut. Life saving drug given. 4.An incised wound 3 cm. 0.5 cm. skin deep on front aspect of right forearm just 3 cm above the lower end of right radius. Fresh blood oozing. 5.An incised wound 5 cm. 0.2 cm. on front aspect of right arm 1 cm. above the injury No. 4. Fresh blood oozing. 6.A lacerated wound size 4 cm. 0.5 cm. muscle deep on left side of head, 12 cm. above the right ear.
(3.) MARGINS of injuries No. 1 to 5 were clean cut. Janki expired the same day at 11.55 a.m. Doctor sent a memo to Police Station Bhamora. In the doctor's opinion injury Nos. 1 to 3 were grievous and injury Nos. 4 got 6 were simple. Injury Nos. 1 to 5 were caused by some sharp pointed cutting object and injury No. 6 was by some blunt object and fresh in duration. He also opined that death was caused due to thoracic haemorrhage resulting cardio respiratory failure. The doctor examined Ram Bahadur also the same day and found lacerated wound 4 cm 1 cm muscle deep on right side of head. Margins were lacerated and blood was oozing from the wound. The injury was caused by blunt object and fresh in duration.;