STATE OF U P Vs. MANGALI

JUDGEMENT

(1.) V. P. Goel, J. State has preferred this appeal against the acquittal of the respondents Mangali, Prem Narain, Jagdish alias Munnoo and Om Prakash under Sections 302, 302/34, 324 and 324/34, IPC by Sri S. R. Bhargava, 2nd Additional Sessions Judge, Non-Metropolitan Area, Kanpur on 23-3-1979.

(2.) THE prosecution case as disclosed in the first information report in brief is that there was an old enmity between the accused Mangali and the deceased Govind Prasad : on 10th September, 1977 at about 7 a. m. in the morning, deceased Govind Prasad, his uncle Chutkan, brother Prakash Narain and his son Anil Kumar were going to ease themselves near Khalyan. When they reached near the field of Jagat Prasad, accused Mangali armed with Kanta, Jagdish armed with Pistol, Prem Narain armed with Kanta and Om Prakash armed with knife emerged on the scene, accused Jagdish fired Tamancha at Govind Prasad who fell down, remaining accused assaulted him with Kantas and knife Chutkan' tried to save him, accused Mangali gave Kanta blows to Chutkan. Govind Prasad had died on the spot and Chutkan received injuries. THE incident was witnessed by several persons. Prakash Narain Tewari son of Suraj Prasad lodged written first information report on 10-9-1977 at 7. 50 a. m. at Police Station, Ghatampur district Kanpur at a distance of three miles.

(3.) THE post-mortem examination on the dead body of Govind Prasad was conducted by Dr. S. P. Dubey PW 6 on 11th September, 1977 at 3. 30 p. m. and the doctor found the following "ante-mortem injuries on the dead body : (1) Gun shot wound (wound of entry) 4 cm. x2 cm. X neck structure deep on left check in front of tragus of left ear. Margins inverted, scortching, blackening tatooing present on left side face. (2) Two gun shot wounds (wound of exist) 1 cm. diameter each on back of neck left side middle part, 3 cm. apart, margins everted. It is communicating to injury No. 1. Three gun-shots recovered from muscle and subcut, tissues of left side of neck. (3) Incised wound 10 cm. x5 cm. x muscle in front of left shoulder. (4) Incised wounds on front of right shoulder and upper chest right side (a) 3 cm X1 CIB X muscle (b) 8 cm x 2 cm. 4 cm. x muscle elevicle outer part cut underneath (c) 3 cm. x2 cm. X muscle (d) 2 cm. x 1 cm. X muscle. (5) Three incised wounds on front of neck and left of neck lower part (a) 4 cm. X 1 cm. X muscle (b) 3 cm. x 2 cm. X muscle (c) 6 cm. X 3 cm. X muscle. (6) Incised wound 15 cm. x 8 cm. x vertebrai column deep. Trachan Oesophaguscar. . . . . . ? vessels and juglar vessels of both sides cut through and through. (7) Incised wound 3 cm. XI cm. 2 cm. 1 cm. x muscle on right side of neck lower part.