STATE OF U P Vs. DHRUV CHANDRA KURMI

JUDGEMENT

(1.) The present government appeal has been preferred on behalf of State against the judgment and order of acquittal dated.21.5.2003 passed by Special/Additional District and Sessions Judge, Siddharthnagar in S.T.No.43 of 1998 and 43-A of 1998.arising out of Case Crime No.31 of 1996, under Section 302 IPC,.P.S. Pathra Bazar, District Siddharthnagar.

(2.) The prosecution case in brief is that informant Ram Shanker Chaudhary cousin of deceased Ram Kishore lodged first information report at police station Basi. Subsequently, it was transferred at police station Pathra Bazar and was registered as Case Crime No.31 of 2006. The allegation was that while buffalo of deceased Ram Kishore S/o Bhagwati Kurmi R/o Ramvapur Bhaiya, P.S. Pathra Bazar was returning after grazing her leg touched the cot belonging to the accused respondent Devi Das,.which was lying in front of his house and joint of cot was damaged. Due to that altercation took place in between wife of deceased Ram Kishore and Devi Das. Due to that reason on 5.th May, 1996 at about 9.00 P.M. accused respondent Devi das,.Phool Chand and Dhruv Chand Kurmi came at the door of the deceased and again started abusing. On exhortation of accused respondent Dhruv Chand Kurmi deceased Ram Kishore was caught hold by accused respondent Phool Chand and accused respondent Devi Das with intention to kill assaulted with knife at stomach of Ram Kishore. Informant immediately reached after receiving information regarding the incident. Wife of Ram Kishore,2.his son Raju, Nephew (Sister's son) Cheena, Gaudi and Shri Chand of the same village were present on the spot, who had seen the incident, gave information regarding the said incident. They took injured Ram Kishore in a tractor trolly, for medical aid,.at Titauly hospital. Since the treatment could not be provided there, hence he was taken to Government Hospital, Basi. There at Basti, medical aid was given by the doctor. However, considering his serious condition he was referred to district hospital, Basti. He was taken to District Hospital, Basti, where was got admitted in the hospital and treatment was being given. His condition was serious. Thereafter, written information was given at Police Station Kotwali, Basi on 6.5.1996. The first information report was lodged on 6.5.1996 at about 3.10 P.M. On 7.th May, the information was given regarding death of deceased Ram Kishore hence the case was converted under Section 302 IPC. Thereafter Panchnama was prepared and the body was sent for post mortem examination. He was medically examined on 6.5.1996 at 5.00.A.M. by the P.H.C., Basi District Siddharthnagar. According to medical examination report six injuries were found on person of deceased Ram Kishore_;

(3.) According to post mortem report, dated 7.5.1996 conducted at 4.P.M., by doctor A. K. Sharma, following five injuries were found.