H. C. Mital, J. - (1.) SHEOJI Ojha has been convicted under section 302 IPC and sentenced to life imprisonment while Sri Kishun has been convicted and sentenced under section 323 IPC to nine months, RI by Sri D. R. Singh, II Additional Sessions Judge, Ballia by his judgment and order dated 12th January 1978.
(2.) THERE was marriage of the daughter of Tapasi Ahir in village Sihachaur PS Garwar district Ballia, with the son of Sri Kishun, appellant no. 2 in the night between 8th and 9th June, 1974. Late in the mid-night the Baratis and Gharatis were enjoying dance in a camp outside the house of Tapasi Ahir. Sheoji Ojha, appellant no. 1, besides Ramdutta and Kapil were also members of the marriage party. According to the prosecution Sheoji Ojha was armed with a licenced gun and was thus clearly distinguished from other Baratis. It is alleged that when the dance was going on some persons started making noise, whereupon Bal Govind, deceased, father of Nandji PW 1 the informant shouted to quieten them. Thereupon on the instigation of accused Ram Dutta, Kapil and Ramjanam accused Sheoji Ojha fired at Bal Govind, who fell down seriously injured. Nandji PW 1 swooped to catch hold of Sheojj Ojha, but was beaten by a lathi by accused Sri Kishun Ahir, appellant! no. 2 Nandji was injured but he carried his injured father to the police station with the help of the villagers on a cot. In the way Bal Govind succumbed to his injuries. Nandji PW 1 reached the police station Garwar at 4.05 a. m. ?on 9-6-1974 about four miles from the place of occurrence. There he submitted his report Ex.ka. 1, which was scribed by Shivanand Singh PW 5. Kanhaiya Singh PW 4 Head Constable, received the written report at the police station acid on its basis prepared the chick report Ex. ka. 2 and made entries in the General Diary registering the case under sections 147, 148, 302/149 IPC against Ram Dutt, Kapil, Ramjanam, Sheoji and Shri Kishun. The investigation was taken up by Station Officer of PS Garwar Sri Udai Pratap Singh PW 6 who immediately recorded the statement of Nandji, prepared the inquest report of the dead body at the police station and sent it in sealed condition for post mortem examination with necessary papers Thereafter on completion of the investigation the charge-sheet was submitted against the accused and at the trial the prosecution examined eleven witnesses, of whom Nandji PW 1, Baleshwar Ahir FW 2 and Gauri PW 3 are the eye witnesses.
(3.) PW 7 Dr. D. Misra had done the autopsy on the dead body of the deceased. He noted the following anae mortem injuries : On internal examination there was about six ounce of undigested food in the stomach. In the opinion of the doctor the death was caused due to synoope.;