- (1.) RAJESHWAR Singh, J. Thakur Prasad convicted under Section 302,i. P. C. for committing murder of Sarafat Ali on 16-3-75 at 8. 00 p. m. near his shop and sentenced to undergo imprisonment for life by the Sessions Court filed this appeal.
(2.) PROSECUTION allegation is that the appellant and deceased opened a Parchun shop in partnership and it was looked after by the appellant. The deceased used to sit at another shop of his at his house and the appellant used to conduct the affairs of the partnership shop. The appellant did not render account and a few months before the occurrence that partnership shop was closed. The deceased demanded that the appellant should render account but he went on postponing it. On 16-3-75 in the noon, the deceased again insisted on rendition of accounts, when enraged the appellant, who went away threaten ing that he would settle the account. It was in the aforesaid background that at 8. 00 p. m. the deceased closed his shop that was at his house and he came out. Immediately the appellant who was concealing himself in the Verandah attacked the deceased with a razor on his neck. The deceased raised an alarm which attracted a number of persons including some of the prosecution witnesses and the appel lant made good his escape leaving the razor at the spot. The appellant could not be caught. Amongst the persons attracted to the spot was one Badri Prasad (P. W. 2 ). The deceased got a report written by Badri Prasad (P. W. 2) on his dictation. Other persons including the brother of the deceased namely, Gulam Waris (P. W. 6) had also come at the spot. They took the deceased in a Tempo to the Police Station at a distance of 6 miles. There the deceased handed over the written report at 9. 50 p. m. on the same day. On the basis of this written report Head Constable, Asman Singh (P. W. 14) prepared a chick and made an entry in the General Diary. The deceased was referred for medical examination. . Medical examination was conducted by Dr. K. K. Agarwal (P. W. 11) at 10. 30 p. m. and he found following injuries on the body of the deceased as mentioned in (Ext. Ka-11) :- (1) Incised wound measuring 12cm. X 1 cm. X trachea deep on the front side of the neck just below the thyroid cartilage. The trachea had been cut and the air was coming out. (2) Incised wound measuring 3cm. x cm. X skin deep on the right index finger.
(3.) THEREAFTER it was advised that the deceased should be taken to Lucknow. It appears that while on his way to Lucknow Sarafat Ali died. On being informed the police at Lucknow made an inquest over the dead body. Then it was sent for post-mortem examination which was conducted by Dr. P. P. Gupta (P. W. 10) on 17-3-75 at 2. 00 p. m. He found that the age of the deceased was about 25 years and he died 18 hours earlier. Rigor mortis was present. Following ante-mortem injuries were noticed by him. They are to be found in Ex. Ka-10. The first 4 injuries were caused by some sharp edged weapon :- (1) Incised wound 7 cm. x 3 cm. X trachea deep on the front side of the neck, 4 cm. above the inner and of the right clavicle. Its tailing was towards right side and trachea had been cut blow the thyroid cartilage. (2) Incised wound measuring 3. 2 cm. x 0. 5. cm. x muscle deep on the right index finger. This wound was on the inner side of the first phalanx. (3) Incised wound measuring 1. 5 cm. X 10 cm. (0. 3 cm.) X muscle deep on the palmar side of the middle finger of the right hand. (4) Incised wound measuring 1. 5 cm. x 3/10 cm. muscle deep on the palmar side of the third phalanx of the ring finger right hand. (5) Abrasion measuring 7 cm. x 2. 5 cm. on the back side of right forearm, below the elbow. (6) Abrasion measuring 1. 5 cm. x 1 cm. on the back side right forearm, 2. 5 cm. below the elbow. (7) Abrasion measuring 2cm. xl cm. upon the front side of the left wrist. (8) Abrasion measuring 5 cm. xo. 5 cm. on the right leg. 11 cms. below the knee. When the First Information Report was lodged S. I. , Bhanu Pratap Dubey (P. W. 12) was present at the police station and investigation was assigned to him. At the police station he took statement of deceased Sarafat Ali and some other witnesses. Then he went to the spot. There he carried the usual investigation including the examination of witnesses, preparation of site-plan and taking blood from the spot. Some sources of light such as petromax etc. were also seen. On 17-3-75 the accused was arrested and on his pointing out his blood-stained clothes (shirt and pant) were recovered from his house and the same were lying concealed in a heap of sand. Site-plan of this spot was also prepared. The accused was sent for medical examination. It was conducted by Dr. V. N. Agarwal (P. W. 13 ). His report is Ext. Ka-16 and according to it following injuries were found on his person : (1) Incised wound measuring 2. 5 cm. x cm. x cm. on the right index finger, (2) Incised wound 1. 5 cm. X cm. x cm. on the back side of left wrist. (3) Abrasion measuring 10 cm. x cm. in the meddle of the right leg.;