MONSARIF KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred by appellant Munsarif against his conviction under S. 304 (1) I.P.C. and consequent sentence of 5 years R.I. passed by Sessions Judge, Bahraich.

(2.) Brief facts of the case are that Ibrahim has two sons, appellant and his elder brother deceased Lal Mohammad. These 3 persons were living separately in the same premises. On 23rd of June, 1985 at about 6.00 P.M. a quarrel between Lal Mohammad, deceased, and accused appellant Munsarif took place on account of some disturbance to the wooden partition (TATIYA). It is claimed that Munsarif, appellant, disturbed that and Lal Mohammad was re-arranging it. Munsarif in the meantime struck him a Lathi blow on the head. As a result of the blow, Lal Mohammad fell down. He was taken for medical aid on 24-6-1985 at 1.10 P.M. He was examined by Dr. Nanak Chand. An injury measuring 2 cm x 1/4 cm x 1/4 cm on the forehead 11 cm from the root of nose was noticed. The injured was advised for X-ray of the scalp and was referred for proper treatment to the District Hospital. He subsequently was shifted to District Hospital,Bahraich where he breathed his last at about 9.10 P.M. on 24-6-1985. An information of the demise of Lal Mohammad was conveyed to P.S. Kotwali Nagar. An inquest report was prepared and the body was sent for post-mortem examination. Dr. S. K. Srivastava conducted the post-mortem examination on the person of Lal Mohammad on 25/06/1985 at 2.45 P.M. The above injury in the post-mortem was found to be bone deep on the left of head 3 cm above left ear with contusion in an area of 8 cm x 8 cm around the wound. An abrasion was also noticed on the left side of forehead measuring 1 cm x .05 cm. The death occurred as a result of the above ante-mortem injury. Investigation of the case was conducted by Sub Inspector Udai Singh. A Chargesheet on the completion of investigation was submitted on 21/07/1985.

(3.) Prosecution in order to establish its case against the appellant examined Jabir, P.W. 1, Smt. Bhullur, P.W. 2, wife of the deceased and P.W. 3, Ibrahim, father of both the appellant as well as the deceased.