STATE OF U.P. Vs. VIRENDRA PANDEY

JUDGEMENT

(1.) HEARD Sri D.I. Faridi, learned A.G.A. on admission of the present appeal. We went through the impugned judgment dated 17.12.2004 passed by Additional Session Judge, Fast Track Court No. 1, Deoria by which respondents No. 1 to 4, namely, Virendra Pandey, Gautam Pandey, Sunil Pandey and Raj Kumar were acquitted of the charges under Sections 147, 148, 149, 302, 504 and 506, I.P.C. passed in Session Trial No. 187 of 2002. The allegation was that on account of some enmity accused Kameshwar Singh employed accused Virendra Pandey as a clerk under the understanding with him that he will kill the deceased Krishnadeo Yadav, who was ideologically affiliated to a particular political party of the State of U.P. The purpose for which the said Virendra Pandey was employed as a clerk in the school run by Kameshwar Singh not being fulfilled, he was removed from service with an assurance that if he fulfilled the promise, he would again be employed. It so happened that when the deceased was coming, after campaigning in an election, he was remonstrated and assaulted by all the accused persons. It is specifically alleged that accused Santosh Pandey was armed with farsa and gave a solitary blow on the head of the deceased with that weapon.

(2.) IN spite of there being general allegations against the respondents also of assaulting the deceased, the doctor who first examined the injured, i.e., P.W. 12, Dr. B.K.D. Tripathi found a solitary lacerated wound measuring 7 cm. x 5 cm. on the right side of skull of the deceased Krishnadeo Yadav about 9 cm. above the right ear. The brain matter was found exposed alongwith bone and signs of bleeding was present. He did not find any other injury on the injured.

(3.) ON internal examination, P.W. 9 found fracture temporal and partial bones of both sides in multiple pieces and surgical craniotomy present on the right side of temporal region under which the bone pieces were found missing. Brain meninges and brain matters were found repaired and stitched. Extra -dural and sub -dural hematoma was present all over the brain. The death had occurred on account of above ante -mortem head Injuries.