STATE OF U. P. Vs. HAR DAYAL SINGH

JUDGEMENT

(1.) Heard Sri K.P. Pathak, learned A.G.A. for the appellants and sri Suresh Dhar Dwivedi Vidya Kant, learned counsel for the accused-opposite parties.

(2.) Briefly stated, facts of the present case are that a First Information Report being Case Crime No. 14/1983 dtd. 11/2/1983 under Sec. 302/324 I.P.C., P.S. S.M. North, Sub-District Puwaya, District Sahajahanpur, was lodged by the informant eyewitness PW-1 Avtar Singh, who is the son of the deceased Kundan Singh. As per FIR version, there arose a dispute of return of buffaloes purchased by the deceased from the accused Hardayal Singh and simple scuffle took place about three or four months before the date of incident, i.e. 11/2/1983. This resulted in enmity. When the deceased Kundan Singh along with the informant were cutting barseem in their agricultural field, the accused Hardayal Singh came at the place with sooja and started abusing and thereafter called his brothers - the accused Tirlok Singh, Balvinder Singh and also his relative Bhura. Tirlok Singh and Balwinder Singh were having swords and Bhura was having "Kanta". They all started beating the deceased Kundan Singh and when the informant's uncle, Dileep Singh and his son Sardar and the informant's mother ran to protect the deceased, the accused Hardayal assaulted on the chest of the deceased, Tirlok and Balwinder assaulted with swords and Kanta and also assaulted on Dileep Singh, Sardar Singh and informant's mother and caused injuries to them and thereafter fled away. The time of incident was said to be 01 : 00 P.M. and FIR was registered at 09.15 P.M. Delay in lodging first information report was explained by the informant in the FIR itself. The I.O. proceeded on spot and took samples of blood lying on the earth and on leaves of wheat Exhibit (Ka-13 and Ka-14) and white pagri with blood stains (Ka-15). The injuries of the informant Avtar Singh was examined by the medical officer on 11/2/1983 before lodging of the FIR which were found to be simple caused by some sharp edged object. The injuries of Sardar Singh was examined by the medical officer on 11/2/1983, but the prosecution has not examined him during trial. The injuries of Dileep Singh was examined on 11/2/1983 by medical officer and he was examined by prosecution as PW-2. The mother of the informant, namely Surinder Kaur, also got herself medically examined on 14/2/1983 at 01 : 45 P.M. and her injury No. 2 was found to be simple caused by a sharp edged object and injury No. 1 and 3 were found caused by hard or blunt object. All the injuries were found to be simple. Autopsy of the deceased's body was done and the following ante-mortem injuries were found: -

(3.) The doctor conducting the autopsy found 500 m.l. blood in the chest cavity, right lung had collapsed, heart was empty, in the stomach there were three ounces of semi-digested food, in large intestine faecal matter was present, in small intestine, digested food was present. The medical officer opined that cause of death of the deceased is due to shock and haemorrhage caused by ante-mortem injuries. The post-mortem report was filed as Exhibit K-19.