HAR GOVIND Vs. STATE

JUDGEMENT

(1.) Heard Sri Azad Khan, learned counsel for the appellants, Ms. Meena, learned AGA and perused the record.

(2.) The facts, in brief, as culled out from the record are that complainant Jai Singh son of Thakur Das Lodhi resident of village Rihuta, P.S. Majhagawa District Hamirpur submitted a written report at police station Majhagawa on 8.6.85 at about 11.30 A.M., inter alia, stating that on 7.6.1985 he along with his brother Karan Singh and other persons had gone to village Badebara, P.S. Jariya to see a religious sacrifice. After seeing the Ramlila when in the night he along with his uncle Mahipat was returning towards his village he heard the cry of his brother Karan to save him from being killed near the culvert of Bani pond at Orai Rath road. His uncle Mahipat ran towards the orchard of Har Dayal Lodhi, Sambhu son of Sukka Kachchi & Gajja son of Goverdhan Lodhi who were watching the mango grove, hearing the hue and cry, also ran towards that direction. They saw that Hargovind son of Ram Nath Lodhi, armed with Kulhari, Kishan son of Harnarain, armed with Farsa and Jagdish son of Raghunath Lodhi, armed with spear, were assaulting his brother Karan. The assailants were saying that this was the result of teasing the wife of Hargovind. Upon exhortation they fled away towards south. On account of fear they could not follow the assailants. Witnesses Sambhu Kachhi & Gajja Lodhi also saw the assailants in moon light and torch light. By the time, he along with other persons could have reached the spot, his brother had succumbed to his injuries.

(3.) On the basis of written report, a case was registered at the police station Majhgawa at crime no. 69/1985, under section 302 IPC. It was entrusted to S.O. B.S. Rana for investigation. After recording the statement of the complainant, the Investigating Officer reached the place of occurrence, prepared the inquest report and sent the dead body of the deceased for autopsy in sealed condition along with related papers. Dr. A.K. Nigam conducted post mortem examination of the cadaver of the deceased on 9.6.1985 at 2.10 P.M. His post-mortem notes in brief are as under:- <JUDIMG>581884-2</JUDIMG>