POONAM SRIVASTAV,J - (1.) APPELLANT no.3 Jagoo is reported to be dead. Appeal in respect of appellant no.3 stands abated vide order dated 27.4.2006.
(2.) THE instant appeal was preferred by appellants against judgment and order dated 17.2.1981 passed by VIth Additional Sessions Judge, Deoria, whereby appellant no.1 Nathoo was convicted under Section 304 Part-II with aid of Section 34 I.P.C. and sentenced to five years R.I. and appellant no.2 Bhagela was convicted and sentenced to three years on probation and granted benefit of first offender. Occurrence is alleged to have taken place on 29.6.1978 at 9:00 a.m. N.C.R. was lodged by Rameshwar Teli injured/deceased on the next day i.e. 30.6.1978 at 9:10 a.m. at Police Station Tariya Sujan, District Deoria. Appellants and Rameshwar (deceased) are collateral. Their houses are adjacent to each other. Quarrel started on account of fixing stake KHUTA on the land claimed by accused as their own, which resulted in injuries of the deceased as well as two accused Nathoo and Bhagela. Another report of the same incident was also registered at the instance of appellant Natthoo against deceased Rameshwar, Hari and Smt. Manki, which is Ext. Kha-6.
(3.) THE doctor examined injuries of Rameshwar on 29.6.1978 at 12:30 p.m. which is Ext. Ka-16. He was brought by his wife and Shiv Nath Sah son of Phool Chand Sah. Following injuries were found on his body. M.I. 1. Black mole on the left side of the abdomen. 2. Black mole on the back of chest right side. Injury:- 1. contusion, tenderness and swelling on middle of head size 2-1/2", B1" H-1". Advised X-ray of the skull for any fracture. 2. Pt. Having drowsiness and serious condition due severe head injury. Refer to District Hospital Deoria, for x-ray and T/I. 3. Tenderness and swelling on back of the neck. 4. Tenderness and swelling on right buttock. 5. Tenderness and swelling on the back of chest Rt. side. 6. Pt. was unable to walk, stand and speech. Injuries were caused by hard and blunt weapon. Age of injury:- About 2 hours. Nature of injury:- After X-ray if any fracture grievous report otherwise simple. Injured Rameshwar Teli died on 2.7.1978. Prosecution examined four eyewitnesses namely Smt. Munkiya PW-1, Smt. Udasiya PW-3, Chhattu PW-4 and Hira PW-5. Dr. Radhey Shyam Singh PW-2 conducted post mortem report on the body of deceased, Dr. Dashrath Mandal PW-10 examined injuries. Ram Narain Yadav PW-6, Bachcha Lal Rai PW-7, Ram Chandra Dubey PW-8 and Brijendra Prasad Upadhyay PW-9 are formal witnesses. Injuries of accused Nathoo examined by the doctor on 30.6.1978 at 5:00 p.m. are detailed hereinbelow:- B/B Self. M.I. :- Black mole on the right shoulder 1.8 cm above the mid point of right collar bone. Injuries:- 1. Abraded contusion 6.0 cm x 1.8 cm on the front part of right thigh 18 cm above right knee joint. 2. Contusion 4 cm x 1.8 cm on the upper half of left side of back 8cm below left shoulder. Complains of pain all over body. Nature simple. Weapon hard and blunt object. Duration about one day. Injuries of accused Bhagela examined by the doctor on 30.6.1978 at 8:30 p.m. are detailed hereinbelow:- B/B Self. M.I. :- A raised black mole on the outer side of left eye brow. Injuries:- 1. Contusion 8 cm x 1.8 cm on the outer part right arm 10 cm above right elbow joint. 2. Traumatic swelling 6 cm x 4.8 cm on the back part of right leg, 9 cm below the right knee joint. Complains of pain all over the body. Opinion nature simple. Weapon hard and blunt object. Duration about one day. ;