SHEO PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Sheo Prasad bas filed this appeal against his conviction under Section 302 Indian Penal Code and sentence of imprisonment for life awarded to him by the judgment of the Sessions Judge, Azamgarh dated 31-3-77.

(2.) The occurrence is said to have taken place on 7-5-1976 at about 4 p.m. in village Bhairo Das Pur, PS Mahrajganj which is situated at a distance of one mile from the police station. The report was lodged by Sahti P.W.2 at 6.15 p.m. the same day. One Banarasi bad three sons namely, Sahti P.W. 2, Chhangur and Kalpu. Chhangur from his first marriage bad a son Ram Prasad who is the deceased in this case. Very shortly after the death of his wife Chhangur married a second time and the appellant Shiv Prasad was born from the second wife. This is therefore, a case of murder by the appellant Sheo Prasad of his step brother Ram Prasad. According to the allegations contained in the FIR. there was a partition between Chhangur and Sahti and the northern portion came to the share of Sahti P.W. 2 and the southern to the share of Chhangur. There was an Osara in the east of the house in the middle of which there was a Tatia. On the day of the incident at about 4 p.m. Sahti removed the Tatia and started digging for constructing a wall. Upon this appellant Sheo Prasad started abusing Sahti, Ram Prasad deceased came there and asked the appellant not to indulge in abuse. There was an exchange of abuses between the two and Smt. Hardeiya wife of Sahti P.W. 2 intervened and took away Ram Prasad and confined him in a Kothri and the quarrel ended for the time being. Thereafter, Ram Prasad was sent by Hardeiya to bring medicine from Mahrajganj and as he came out of the house, Sheo Prasad appellant came to the door saying, that he would settle the matter that day and Shea Prasad ran towards Ram Prasad. Both went towards the south and reached the field of Ugra Singh. Ram Prasad asked Sheo Prasad not to quarrel upon which Sheo Prasad took out the knife and gave a blow on his chest. Ram Prasad fell down as a result of stab injury and died soon-after wards and the appellant Sheo Prasad ran away with the knife. The occurrence was witnessed by Vishwanath P.W. 3, Surjan P.W. 4 and Parmoo P.W. 1 who also tried to intervene in the matter. After the occurrence Sahti went to the police station and lodged his report Ex. ka I. The report was taken down by Head Constable Abdul Rasheed P.W. 7. Mewa Singh S.I. P.W. 8 started the investigation in the case. He recorded the statement of Sahti at the police tation and thereafter conducted an inquest report on the dead-body which had been brought to the police station by Sahti and which is Ex. ka 3. Thereafter he sealed the corpse and prepared the necessary forwarding letters Ex. ka 4 to Ex. ka 7 and entrusted the dead body to Constable B. Pandey P.W. 6 for getting the post mortem done at Azamgarh. The Investigating Officer recorded the statement of Surjan at the police station itself and then started for the spot. He examined Smt. Herdel, Vishwanath and Par moo on the spot, inspected the locality and prepared site plan which is Ex. ka 11.

(3.) The autopsy on the dead body of the deceased was conducted by Dr. S.L. Diwan P.W. 9. He found an incised wound just lateral to sternum on right side in third inter-costal space. Blood was coming out from the would. Its area was 3/4# x 1/2# x cavity deep. The internal examination revealed an incised wound in the wall of thorax. Pleura was also incised as also the right lung. In the opinion of the doctor the death was caused as a result of shock and haemorrhage as a result of injury.