LACHCHHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred from jail by the accused/appellant, Lachchhu against judgment and order dated 19/20-4-1999 passed by Sri P. S. Chhabara, Ist Additional Sessions Judge/Special Judge (D.A.A.), Lalitpur in Sessions Trial No. 9 of 1998, convicting him under S. 302/34, I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs. 15,000.00. He has been ordered to undergo further R.I. for three years in case of non-payment of fine.

(2.) Broad essentials of prosecution case culminating into the conviction of the accused-appellant may be set forth. The incident took place on 15-9-1997 at about 6.45 a.m. in village Gauna, Police Station, Saujana District Lalitpur. The report was lodged the same day at the concerned police station at 1.00 p.m. by Mathua son of Daulat. The deceased was Anoopa resident of village Sukalquwa, Police Station, Madora. In the previous evening, he had come to the house of Kamauda son of Mathua in village Gauna and had taken his dinner there. Because of lack of space there, he had slept in the night at the house of the informant Mathua son of Daulat though he wanted to leave for his own village the next day even when there was darkness, but Mathua advised him to go after the rising of the sun. Anoopa acted on his advice and left after it had dawned. Mathua became busy in his own work and reached his field with his bullocks. At about 7.30 a.m. he was informed by Mahesh son of Chhotey Lal Sahu of his village and Village Pradhan that the dead body of Anoopa was lying two kilometers away in the eastern side of the village near Kakarau Nariya. Mathua reached there and identified that it was the dead body of the Anoopa. As mentioned in the F.I.R., it could not be stated as to how he died. On the lodging of the F.I.R. by Mathua P.W. 1 a case was registered and the police swung into action. The Investigating Officer reached the spot and investigation followed. The appellant and one Kaptan Singh figured as culprits of the crime as a result of investigation. Kaptan Singh happened to die and only the appellant-Lachchhu came to be tried after the submission of the charge-sheet by the police. It may also be relevant here to relate the outcome of the post-mortem report over the dead body of the deceased, which was conducted by P.W. 8, Dr. Rajendra Singh on 17-9-1997 at 2.00 p.m. The deceased was about 45 years of age and 1-11/2 day had passed since he died. The following ante-mortem injuries were found on the post-mortem :- (1) Abraded left cheek, clotted blood present and mandible was fractured. (2) Lacerated wound present on right elbow joint posteriorly. Right humurus bone found fractured. (3) Lacerated wound on forehead on left side above 8 cm. from left eye-brow. (4) Lacerated wound seen on posterior aspect of right eblow, size 3 x 2 cm. Wound found on elbow joint anterior to posterior, left side humerus found fractured. (5) Lacerated wound on right leg, tibia shaft fractured. (6) Multiple contusions on all over back of chest found L-R with abrasions. (7) Both right and left shoulders bone clavicle fractured.

(3.) On internal examination, base of the left skull was found fractured and was full of blood. Four ribs of the right side were fractured. The cause of death was shock and haemorrhage resulting from external and internal injuries.