Pritinker Diwaker - (1.) This appeal arises out of a judgment and order dated 13.7.2010 passed by Special Judge (E C Act)/Additional Sessions Judge, Ballia in Sessions Trial No.174 of 1998 (State v. Nathuni & others), convicting accused Sudarshan under Sections 148, 323/149, 302 and 342 of IPC and sentencing him to undergo one year rigorous imprisonment; to undergo six months rigorous imprisonment; to undergo imprisonment for life, with a fine of Rs.3000/-, in default thereof, to undergo one year rigorous imprisonment and to undergo six months rigorous imprisonment respectively. Rest of the accused, namely, Deena, Parma (since deceased), Bhola, Prabhu, Parashuram, Suryabali (since deceased), Ambika and Sachita have been convicted under Sections 147, 323, 302/149 and 342 of IPC and sentenced them to undergo one year rigorous imprisonment; to undergo six months rigorous imprisonment; to undergo imprisonment for life, with a fine of Rs.3000/- each, in default thereof, one year rigorous imprisonment and to undergo six months rigorous imprisonment respectively. All sentences shall run concurrently.
(2.) In the present case, name of the deceased is Prabhu, son of Kamta (PW-1) and Sarali Devi (PW-2). On 24.4.1997 at 5:50 am, a written report, Ex. Ka.1 was lodged by (PW-2), alleging in it that at about 3:00 am, when she and her husband were sleeping at the doorstep of their house; light was switched on; it was a full moonlight and her son Prabhu was sleeping on the roof of his friend Chhotak. On account of an old land dispute, accused persons carrying deadly weapons, like clubs, ballam, farsa and gandasa, reached to the roof of Chhotak and caused injuries to the deceased. She has alleged that Ramji Jaiswal, who was sleeping along with deceased, and the deceased both raised their cries and upon hearing the same, she, her husband Kamta (PW-1), Uma Shanker (PW-3), Ram Bilas (not-examined), Brij Kishore (PW-4) reached to the place of occurrence and saw accused Nathuni (died during pendency of trial) causing injuries to her son and bringing him down from the roof. She states that all the accused persons took the deceased along with them near the house of accused Nathuni, tied him up with a peg and caused several injuries to him. She states that when the deceased became unconscious, leaving him as it is, all the accused persons fled away from the spot. It has also been stated by her that she and other witnesses have intervened in the matter, but she too was beaten by the accused persons. Based on her written report, FIR Ex.Ka.16 was registered against the appellants, including three deceased accused persons, namely, Nathuni, Parma and Suryabali under Sections 147/148/149/342/323/302 of IPC.
(3.) Inquest on dead body of the deceased was conducted, vide Ex.Ka.10 on 24.4.1997 and the dead body was sent for postmortem which was conducted on 25.4.1997, vide Ex.Ka.3 by Dr A K Rai (PW-6). The Autopsy Surgeon has noted following eleven injuries on the body of the deceased: "1.Ante-Mortem Incised wound of 2 cm x 0.5 cm and 0.5 cm. Deep 3 cm above the middle of the right eyebrow on right side. The margin of wound is sharp. 2.Ante-Mortem Incised wound of sharp Marginal of 2 cm. x 0.5 cm and 3 cm Deep posterior aspect of the left arm 10 cm above the left elbow joint towards Lt. shoulder joint. 3.Ante-Mortem Incised wound of 2 cm x 0.5 cm and 5 cm. Deep posterior aspect of right arm, 14 cm above the right elbow joint. 4.Ante-Mortem Incised and penetrating wound of 2 cm x 0.5 cm x 4 cm. Deep 9 cm above the elbow joint on the posterior aspect of right arm. 5.Ante-Mortem Incised wound of 2 cm x 0.5 cm x 4 cm on the posterior aspect of right elbow joint. 6.Ante-Mortem Incised wound and penetrating wound of 2 cm x 2 cm x 0.5 cm x 4 cm Deep on the anterior-lateral aspect of lower leg right side, 13 cm above the right ankle joint. 7.Ante-Mortem Incised wound of 4 cm x 0.5 cm x 4 cm on the anterior lateral aspect of right leg, 7 cm above the right ankle joint. 8.Ante-Mortem Abrasion of 2 cm x 0.5 cm on the Hip right side. 9.Ante-Mortem Abrasion of 1 cm x 0.5 cm on the right side in the lumber region. 10.Ante-Mortem Abrasion 4 cm x 2 cm below the neck on the back right side. 11.Ante-Mortem Abrasion 8 cm x 8 cm x 0.5 cm on the back of shoulder." Cause of death was 'due to shock and haemorrhage as a result of ante mortem injuries'.;