G.R.MOOLCHANDANI,J. - (1.) This appeal is directed against the judgment passed by Additional Sessions Judge-cum-Special Judge, Bharatpur, in Sessions Case No.42/1988 on 18.3.1989, whereby respondent accused persons have been acquitted.
(2.) PW14 Dr. B.M. Gupta, who has conducted autopsy on the body of deceased, has stated that post-mortem was conducted on 13.2.1985 at 1:50 pm vide Exhibit-P17, and following injuries were found on the body of deceased:- "Injuries present- 1. Abrasion with black hard scab on front of upper of right leg measuring 1.5cm x ¾cm. 2. One stitched wound with six stitches with gaping 8.5cm in length, oblique in direction, placed on lower part of chest left side extending downwards and medially reaching upto lateral border of mid vertibral region over thoracic 12 (T12) vertibral region. Margines of wound are swollen and inflammed. On further exploration underneath muscles and soft structures cut in the direction of external cutaneous wound with clotted blood. On further exploration spinous process, transverse process lamina of T12 (Thoracic) vertebra cut obliquely in the direction of the wound, Spinal cord is also completely transected. The 12th rib of (Lt) is fer end obliquely at the junction with vertebrae completely. The all injuries were ante-mortem in nature." and the internal findings on the basis of injuries, following opinion is expressed:- "Thorax-There was no abnormality detected in the walls cartilages, pleura, larynx and trachea, both lungs, parecardium, heart, large vessels. Abdomen-No abnormality detected in the abdominal walls, partoniems, stomach which was empty and small and large intestines contained gases and pieces. Lever, Spleen and both Kidneys were congested. Urinary bladder was empty with no abnormality. There was no abnormality detected in the genital organs." This witness has also said that cause of death was Spinal Shock and Septicemia as a result of injury to Spinal Cord and injury to Spinal Cord was sufficient to cause death in the ordinary course of nature. It is also stated that the patient was admitted on 12.2.1985 vide bed-head ticket no.3890 and expired at 7:00 am on 13.2.1985. In his cross he has also stated that two strikes on the same spot will cause injury alike injury no.2 appeared in Exhibit-P17. He has also opined that at the time when postmortem was conducted he was in a position to give shape of the wound because it was already stitched and don't think that injury no.2 of Exhibit-P17 could be caused by Farsa. It has also said that Kulhari and Farsa are to different kind of weapons and naturally the injuries inflicted by these weapons will differ. Exhibit-P17 Autopsy Report, also reveals the opinion similarly, that the cause of death was Spinal Shock and Septicemia as a result of injury to Spinal Cord, and injuries were ante mortem in nature and injury no.2 was sufficient to cause death in the ordinary course of nature.
(3.) Exhibit-P1 Written Report, was lodged by Brij Kishore Parashar on 7.2.1985 at 10.5 pm and it was lodged against six accused persons, namely Munna, Chandar, Kishan, Bishan Mohan, Mahaveer and Jagdish, on the basis of which formal FIR, Exhibit-P18, was registered at Crime No.53/1985 at Police Station Kotwali District Bharatpur and Special Report was sent to the Court of Chief Judicial Magistrate, Bharatpur on 8.2.1985. FIR was lodged for offences under section 147, 148, 149, 307, 323 of IPC and after the demise of injured Pavan, offence under section 307 was converted to 302 of IPC.;