DEBRU Vs. STATE OF U.P.

JUDGEMENT

(1.) One Subedar was murdered at about 6 p.m. on 5th May, 1983 in village Kabirabad, P. S. Mohammadabad, District Azamgarh, with the injuries of heavy blunt weapon. The appellant was charged under Sec. 302 I.P.C.for the said murder and has been convicted and sentenced to life imprisonment for the same by judgment and order dated 21.12.1983 in S.T. No. 359 of 1983.. Aggrieved by the same he has come up in appeal.

(2.) The prosecution story in brief, has been that a litigation was going on between Dabru and his nephew Kanhaiya. In the said evening of occurrence. Dabru was chasing his nephew Kanhaiya, possibly with a mind to give him a beating. Subedar deceased happened to interfere in the case and in order to pacify them, Subedar caught hold of Dabru and told him to let the matter be decided by court and there was no occasion of Marpit. He and others, who also arrived at the spot, held Dabru for some time while he continued to hurl abuses. Thereupon Subedar threatened Dabur by asking others that he should be taken to the police station, also he would not stop. After some time. Dabru pretending to pacify requested the persons who were holding him to let him go and take water. He was naturally released, went in side and came out with a Moosal in hand and gave a blow on the head of the deceased Subedar. Who was sitting with his back towards the direction of coming. Dabru continued to give more blows one after the other and even Moosal was broken into two pieces. Dabur tried to run away towards the North but was over-powered with the help of Shamshad, Goverdhan, Kanhaiya and the informant Chandra Bhan. He was left at the spot and Chandra Bhan prepared the first information report which was sent to the police station.

(3.) After receiving the first information report from Chandra Bhan, 'Raj Bahadur Dwivedi, S. I. Police took up investigation after registering the case under Sec. 304 I.P.C., which was subsequently converted into one under Sec. 302 I.P.C. As usual the dead body of Subedar deceased was sent for post mortem examination. It will not be of much use to narrate all injuries and suffice it would be to say that there were 9 lacerated wounds, one contusion, one abraded contusion and a traumatic swelling upon the person of deceased. The main factor was that the brain under head injury was lacerated on the left side and parietal, frontal and occipital bones were fractured into small pieces. The death in the opinion of Dr. K. S. Misra was due to syneope resulting from ante mortem injuries.