KARE MOTI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 6 March 1981 recorded by Sri M, Wahajuddin, the then Sessions judge, Agra in Sessions Trial No. 111 of 1980 convicting the appellant under section 302 I.P.C. and sentencing him to life imprisonment.

(2.) The facts lie in a narrow compass. It was one Ram Babu who was allegedly murdered in this incident on 18 July 1979 at about 5.30 P.M. in village Datauli Police Station Matsena, District Agra report whereof was lodged the same night at 9.30 P.M. by Panna Lal PW 1 (uncle of the deceased who is an eyewitness).The deceased with Brij Mohan PW 2 and Gyan Singh PW 3 had gone to ravires (Beehar) of Datauli at about 3.30 P.M. on the fateful day for hunting of rabbits and partridges. The net was placed and preys were rounded. The appellant suddenly came out from the bushes and stabbed the deceased in the back whereafter he fell down and then appellant further assaulted him with lathi. He died at the spot. The companions of the deceased namely, Brij Mohan PW 2 and Gyan Singh PW 3 returned and informed Panna Lal PW 1 (uncle of the deceased), who after getting scribeci the report by Rajendra Prasad lodged the same at the police station setting the machinery of law in motion at the hands of SI Raghunandan Sharma PW5, who was then the station Officer of Police Station concerned. He proceeded to the spot and found the dead body of the deceased lying in the field of Parashuram. For want of proper lighting arrangement, Panchayatnama could not be prepared in the night but on the next day. After other necessary formalities, the dead body was sent for post mortem which was conducted on 19.7.1979 at 1 P.M. by Dr. V.B. Bansal PW.6. The deceased was aged about 35 years and about one day had passed since he died. The following anteMortem Injuries were found on his person.

(3.) On Internal examination multipie fractures of skull bones especially of backside had been found. Membranes and brain were also lacerated. The death was due to coma as a result of antemortem injuries.