VISHWA NATH Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Vishwa Nath has been found guilty by IVrth Additional Session Judge, Lucknow in S.T. No.346/1994, decided on 29.02.1996 and has been sentenced to undergo rigorous imprisonment of five years under Section 304 Part -II IPC.

(2.) IT is stated that on 15.06.1994 at about 10.30 PM when the deceased Shiv Nath was sitting in front of his house along with his wife Smt. Shanti Devi, the appellant Vishwa Nath, who is the real brother of the deceased, reached there and tried to unlock the door of a room. When the deceased Shiv Nath asked him not to do so, an altercation took place between them. It is stated that the appellant on being enraged felled Shiv Nath over the platform and gave him a brick blow by hitting him on his head as a result of which, the deceased Shiv Nath received head injury and died after some time. When the wife of the deceased Shanti Devi starting crying, the villagers reached there, but by that time, the appellant had fled away from the scene. The matter was reported to the police by Smt. Shanti Devi on the same night, while the dead body of her husband remained outside the house. The police registered a case against the appellant and the Investigating Officer visited the place and after preparation of inquest, sent the dead body for postmortem. After completing the other formalities of investigation, charge -sheet was submitted against the appellant. In the postmortem report of the deceased, four ante -mortem injuries were found on his head and in the opinion of the doctor, the deceased had died on account of ante -mortem injuries.

(3.) THE prosecution examined five witnesses during trial including the informant and an eye -witness, namely, Ram Milan, who turned hostile and the learned trial court on appreciation of evidence found the testimony of the witnesses truthful and convicted the appellant, as aforesaid.