KISHORI Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Kishori Lal alongwith his other socio criminises Nihore, Panna and Lalta, assaulted Sukhram (deceased), Ram Dular and ladies of informant Kallu Ram's (PW1), house with clubs (lathis), on 20.5.1979 at 5.45 p.m., in village Deora, P.S. Rohaniya, district Varanasi, at the informant's door as a result of which Sukhram expired after sometime. The incident was witnessed by Kharpattu Ram, Vamdev, Mithai and many other co-villagers who had rescued the victims. Kallu Ram (PW1), S/o of deceased Sukhram, scribed incident FIR, measured a distance of 8 Kms., and lodged it at P.S. Rohania, district Varanasi, same day at 8.10 P.M. as crime number 42 of 79, under sections 323 and 308 I.P.C. vide Ex. Ka.7.

(2.) OFFENCE was registered by Head Constable Sita Ram Rai, P.W.8, who had prepared the chik F.I.R., Ex. Ka.7, and the relevant G.D. Entry is Ex.Ka.8. He had also recorded recovery memo (Fard) Ex. Ka.9 regarding receiving of blood stained clothes of the deceased in a sealed condition.

(3.) AUTOPSY on deceased cadaver was performed on 22.2.1979 at 3.40 p.m. by Dr. A.K. Dwivedi, P.W.6. by inking post-mortem examination report Ex. Ka 2, a perusal of which indicates that the deceased was 65 years of age having fragile physical structure. Rigor Mortis was present all over his cadaver and there was a depressed fracture of his right side parietal bone 7 cm. X 5 cm. Subdural haematoma was present under the injury and deceased brain and membranes were lacerated and his stomach contained mucus. Small intestine contained semi digested matters and gases. Large intestine contained faecal matter and gases. In doctor's opinion cause of deceased death was coma as a result of head injury.