POONAM SRIVASTAV,J. - (1.) THIS is an appeal on behalf of appellant Bidhey against the judgment and order dated 13.8.1982 passed by the Ist Additional Sessions Judge, Bijnor in Session Trial No. 329 of 1981 convicting the appellant under Section 304 Part II I.P.C. and awarding a sentence of 7 years R.I. and convicting under Section 308 I.P.C. and sentence of two years R.I. Both the sentences were directed to run concurrently. Two more accused namely Kalloo and Smt. Dalloo were arrayed as co-accused and sent up for trial. However, benefit of doubt was extended to co-accused Kalloo and Smt. Dalloo and consequently they were acquitted. Ms. Anita Srivastava Advocate was appointed as Amicus Curiae by this Court vide order dated 13.11.2009. She appeared today and argued on behalf of appellant. Sri A.K. Jain, learned A.G.A. appeared on behalf of the State.
(2.) ON an oral information given by the complainant, a chik F.I.R. was prepared at the Police Station on 18.9.1981 at 21.10 P.M. by constable Vipin Pal, PW-2. A non-cognizable report was registered under Section 323 I.P.C. in G.D. of the Police Station. Subsequently on 19.9.1981 an information was received at the police station at 8.00 A.M. that the injured Smt. Parmeshwari died in Seohara Hospital at 7.30 A.M. and on the basis of this information, case was converted under Section 304/323 I.P.C. The first informant Prakash PW-5 is also said to have received injuries. Both the injured namely first informant and deceased Smt. Parmeshwari were examined on 18.9.1981 by Dr. S. Singh PW-7. The first informant Prakash was examined on 18.9.1981 at 8.45 P.M. His injuries are detailed herein below. Examined Prakash aged about 20 years, s/o Santu, R/o Pithapur, P/S Seohara on 18.9.81 at 8.45 P.M. came by self. M.I. Black mole on the Rt. side of cheek on about 1/2 cm. above Rt. mandible. Injuries:- 1. Lacerated wound 2 ½ Cm. x 3/4 Cm. on the right side of scalp 7 Cm. from right ear. It is bone deep with fresh bleeding. Advise for X-ray. 2. Faint contusion 2 Cm. x 1 Cm. just below left elbow with reddish in colour. 3. Abrasion 1 Cm. x 1/2 cm. on the lateral aspect left wrist. 4. Lacerated wound 1/2 cm. x 1/4 cm. on the Rt. side of face, skin deep with fresh bleeding. Injury nos. 1, 2 and 4 are caused by blunt object and No. 3 is by friction. No. 1 is kept under observation. Advise for X-ray. All other are simple. Duration is fresh. LTI of Prakash Sd/- Illegible Attested. 18.9.81 Sd/- Illegible (Dr. Sawai Singh) 18.9.81
(3.) INJURIES of deceased was examined on 18.9.1981 at 8.30 P.M. Her injuries are detailed herein below. Examined Parmeshari aged about 60 years, W/o Late Santu Singh, R/o Pithapur, P/S Seohara on 18/9/81 at 8.30 P.M. brought by her son Prakash. M.I. (1) Black mole on the left side of upper part chest 2 cm. from left clavicle. (2) Two black moles on the Rt. cheek. Inj. (1) Lacerated wound 7 cm. x 1 cm. on the middle of the scalp just in the mid line. It is bone deep with fresh bleeding. Adv. for X-ray. (2) Traumatic swelling in area 9 cm. x 4 cm. on the above wound. Adv. X-ray. There is blood present in the vomitters of the patient. Both injuries are caused by blunt object weapon. They are kept under observation. Advise for X-ray. Duration is fresh. R.T.I. of Parmeshwari Sd/- Illegible Attested. 18.9.81 Sd/- Illegible (Dr. Sawai Singh) 18.9.81 (Seal) (Seal) Dr. R.K. Nigam PW-8 conducted post mortem examination on the body of Parmeshwari on 19.9.1981 at 5.15 P.M. According to post mortem report in the opinion of doctor, following ante mortem injuries were found on her body:- (1) Stitched wound 6 cm. in length with seven stitches on it on the middle of head 11 cm. from the root of nose. Vertical in direction. On removing the stitches the wound was 1/2 cm. in width and bone deep. Edges are irregular and are lacerated. On exposing further the right parietal bone was fractured from its middle to right ear. Clotted blood was present in the scalp and in the brain substance and menengres with middle of head and clotting were also present under the right parietal bone in its middle. The brain substance and menengres were lacerated under the injury. (2) The abdomen was empty. Intestine contained other partly material were filled with gases. Heart chamber contained clotted blood which was upto 4 Ozs. ;