STATE OF U P Vs. RAM CHANDRA

JUDGEMENT

(1.) THE State of U. P. has filed the appeal against the Judgment dated 23.5.1979 passed by Shri B. K. Srivastava, III Additional District and Sessions Judge, Gorakhpur acquitting the accused persons of the offence under Section 302 read with Section 34,I.P.C.

(2.) ACCORDING to the prosecution allegations the occurrence took place at about 5.30 p.m. on 16.5.1977, in village Sahgaura, P. S. Gagha district Gorakhpur when one Banshu was murdered by the accused persons. It is said that accused Ram Chandra alias Chander, Ram Ji and Sita Ram were real brothers while accused Dukharan was their uncle. All these accused persons were residents of village Tikar. About 3 years before the present occurrence, one Banshraj, who was one of the brothers of accused Ram Ji, had been murdered and in that case Ram Bharose alias Bharosa (P.W. 2), deceased Banshu and some other persons were tried. They were, however, acquitted. It alleged that the relations between the accused persons and the complainant party were inimical since a long time due to the above mentioned incident their relations further deteriorated.

(3.) THE post-mortem examination of the dead body of Banshu was conducted by Dr. A. Khanna (P.W. 7) at 5 p.m. on 17.5.1977. THE Doctor found one punctured wound on the left side chest: which was heart cavity deep. Four ounce blood was found in the pericardial cavity. THE heart had been pierced. Seven ounce watery fluid was found in the stomach. THE large and small intestine contained faecal matter and gases.