STATE OF UTTAR PRADESH Vs. LAKHAN

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgment of the division bench of the Allahabad High court, dated 18/2/1991 in Criminal Appeals Nos. 1026 and 1121 of 1978.

(3.) The prosecution case is that on 6/3/1977, while the deceased Sukhuwa and his sons and his younger brother were returning from the Holi festival and reached the house of the accused, suddenly all the three accused armed with lathis attacked the deceased on the head and other parts of the body. When the sons and brother of the deceased raised alarm, all of themran away. The deceased had fallen on the ground. He was taken on a cot to his house. Thereafter, he breathed his last. An FIR came to be filed on the same day at about 10. 30 p. m. Investigation started and the doctor M. M. S. A. Khan, who conducted the post-mortem on 8/3/1977, opined that the injuries were sufficient to cause death in the ordinary course of nature. The Autopsy Surgeon found the following ante-mortem injuries: