BACHEY Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the appellant Bachey against the judgment and order dated 18/12/1979, passed by Sri J.P. Sinha, the then II Additional Sessions Judge, Farukhabad, in Session Trial No. 316 of 1979, whereby he has convicted the appellant under section 304 Part II of the Indian Penal Code and has awarded seven years rigorous imprisonment to him.

(2.) The prosecution case, in brief, is that Patiram, informant of the case, and his brother Mewa Ram deceased, Babu Ram, Itwari (P.W. 3), Ram Naresh and Radhey Shyam were sitting on the Chabutra of Patiram in village Gadariyan Nagla, hamlet of village Bhojpur, within the police station Kamal Ganj, district Farrukhabad, at 7.00 p.m. on 25/3/1978. The appellant Bachey is said to have arrived there and abused his neighbours that they do not know how Holi Milan is celebrated. Deceased Mewa Ram asked him not to abuse whereupon the appellant is said to have brought a stick from a bullock cart and struck a blow on the head of Mewa Ram. Mewa Ram fell down and died on the spot and accused appellant thereafter ran away. An F.I.R. of this incident was lodged at the police station Kamal Ganj, district Farrukhabad, by Patiram, brother of the deceased at 9.00 p.m. the same day, i.e. on 25/2/1978, and the case was registered against the appellant. The postmortem on the dead body was conducted by Dr. Sabir Husain (P.W. 4) on 24/3/1978 and he found the following ante-mortem injuries on the person of the deceased.: Lacerated wound 2 x 1 x brain deep on the top of middle occipital and parietal underneath were fractured and were filled up by blood under the wound". Kailash Narain Singh, Sub Inspector, investigated the case. He recorded the statements of the witnesses, prepared site plan and also completed other formalities. After completion of the investigation he submitted the charge sheet against the accused-appellant.

(3.) In the court below the appellant denied his guilt and claimed to be tried.