STATE OF U P Vs. KAILASH NATH

JUDGEMENT

(1.) D. K. Trivedi, J. The present criminal appeal is filed by the State of U. P. against the judgment and order dated 16-2- 1979, passed by the 1st Addl. Sessions Judge, Unnao, acquitting the respondents from the charges levelled against them holding that the prosecution has failed to prove the guilt of the respondents beyond reasonable doubt.

(2.) INITIALLY, one Brij Mohan was also prosecuted alongwith the respondents but co-accused Brij Mohan died during the pendency of the trial, hence the trial abated against co-accused Brij Mohan.

(3.) ON internal examination the doctor found the fracture of right and left side parietal bones of Murlidhar (deceased ). According to the doctor the death has been caused due to shock and haemorrhage as a result of ante-mortem injuries. According to him the injuries could have been caused by the blunt object like lathi. However, he further stated that if the axe hit by its reverse side, then the injuries mentioned above could have also been caused. Injured Murlidhar was also medically examined when he was alive, by Dr. S. N. Dixit on 25-4-1976 at about 5. 10 p. m. at P. H. C. Bighapur, District-Unnao. The said injury report is Ext. ka-33. Dr. S. N. Dixit also examined the injuries of injured Ashok Kumar and prepared the injury report Ext. ka-32. He found the following injuries on the person of injured Ashok Kumar: (1) Lacerated wound 3 cm. x 1/2 cm. x bone deep on the left side head 10 cm. above left ear. (2) Contused wound 3 cm. x 1 cm. x scalp deep on the head 14 cm. above right ear. (3) Constused wound 1 cm. x 1/2 cm. x scalp deep on right side head 11 cm. from right ear. (4) Abrasion 2 cm. x 1/2 cm. on the right forehead 1 cm. above right eye brow outer border. (5) Constusion 6 cm. x 2 cm. on the left arm 6 cm. above left albow joint. (6) Abrasion 12 cm. x 1 cm. on the left forearm (7) Constusion 15 cm. x 1 cm. on left fore arm.