STATE OF U P Vs. BUDHI

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order passed by learned II Addl. Sessions Judge. Mathura on 21-10-1982 in Sessions Trial No. 230 of 1980. By the aforesaid judgment Buddhi, Patram, Neto and Bhagvan Singh stand convicted under section 304, Part-ll and 323/34 IPC and sentenced to four years and one year's R.I. respectively. All the appellants and fifth accused, namely, Purna have been acquitted of the charges under sections 302/147/148/149 IPC.' This acquittal was preceded by the clear acquittal of the fifth accused Purna of all the charges as his participation was held to be doubtful. According to the prosecution case the incident had happened on 5-6-1980 at about 8 P.M. in village-Akbarpur, police-station- Chrat, district-Mayute. Mawasi has his house in the said village and it is said that he along with his father and some other1 relatives was sitting at that place when all the accused (all five) had come and wanted to take a KADHAI which was, according to the prosecution, likely to cause damage to the wall. Mawasi, therefore, said that KADHAI should not be taken in that manner. This resulted in an altercation as a result of which the accused started beating. In the said beating by the accused Smt. Sukho, Narain, Mawasi, Ram Swarup and Kishan Singh sustained injuries. Mawasi and Ram Swarup have been examined as PW 4 and PW 7 respectively. The other two alleged victims have not been examined. However Narain is said to have died on way to the hospital, though he was medically examined at the P.H.C. at 12.30 A.M. on 6-6-1980. On his death the post-mortem examination was conducted by PW 3, Dr. D. R. Sen who found one stitch wound on the head and four contusions including a multiple contusion on the right knee.

(2.) IN view of the aforesaid facts all the accused were charged under section 302 IPC at the trial.

(3.) TO complete the chronology relating to the prosecution case it may be said here that five panchayatnama was prepared by the Investigating Officer on 6-6-1980 at 7 A.M. vide Ext. Ka. 13. Exts. Ka. 14 to 19 are the documents which were prepared by the. Investigating Officer at the place of occurrence being letter to the R.I. Challan nash, letter to the C.M.O. and sample seal, etc. PW 3 Dr. D. R. Sen performed autopsy on the dead-body of Narain on 6-6-1980 at 5 P.M. As noted above, the injuries even at the post mortem stage remained the same except one stitched wound which seems to have been caused during first aid. .