STATE OF UTTAR PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) Respondents Raj Kumar, Ashok Kumar and Ramesh Chand who had been charged with an offence under section 302/34 I.P.C. were acquitted by learned Sessions Judge Etawah vide judgment dated 30.4.1979. The state has filed his appeal against that judgment.

(2.) The prosecution version was that Raj Kumar and Ashok Kumar respondents who are real brothers and Ramesh Chand, respondent No. 3, brother-in-law of first two respondents assaulted the deceased Lalman or 15.3.1978 at about 6.30 P.M. in village Pitambarpur while the deceased was returning from Debiapur and proceeding to village Sehud. It is alleged that respondent No. 1 Raj Kumar was armed with a gun, respondent No. 2 Ashok Kumar was armed with a Tamancha and respondent No. 3 Ramesh Chand was armed with hockey and knife. Respondent No. 1 Raj Kumar is said to have fired from his gun, respondent No. 3 Ramesh Chand is said to have assaulted with hockey and also with a knife while respondent No. 2 Ashok Kumar is said to have fired from country made pistol resulting in immediate death of the victim.

(3.) The F.I.R. of the incident was lodged at the Police Station Debiapur on 15.3.1978 at about 7.30 P.M. after covering a distance of five kilometers. The usual investigation ensued. P. W. 5 Samman Singh, Sub Inspector was present when the report was lodged. He proceeded to the place of occurrence and. found the dead-body of the victim lying at the place of occurrence. He did not prepare any inquest report in the night. The next day at 7.30 a.m. inquest report was prepared. Eye witnesses, namely, Munshi Lal, Ramesh Chand, Ram Sanehi and Gaya Prasad were interrogated later on. Post mortem examination on the dead body was conducted by Dr. V.K. Gupta. P.W. 7. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of injuries sustained and there were nine-mortem injuries found on the dead body of the victim.