DIWARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the proceedings of Crl. Case no.75 of 2005, Santosh Kumar Vs. Diwari Lal, under section 302 I.P.C. pending in the court of the Addl. Chief Judicial Magistrate, Court no.10, Etawah.

(2.) The facts relevant for disposal of this application are that on 4.6.2004 at 11.40 P.M. Santosh Kumar, O.P.no.2, accompanied by Karan Singh, Pradhan, and Harpal Singh went to police station Ekdil district Etawah and gave an intimation in his own hand writing at the police station. It was stated therein that he was resident of village Nagla Khufi P.S. Ikdil district Etawah. His father was a drunkard andin limine. he was absent from the house since noon of the previous day. He received an information from villagers that his father was lying below the bridge in the village. Then he went to that place along with his family members and found that his father was lying there dead, so he came to the police station to give this information.

(3.) On the basis of this intimation, police made an entry in the G.D. at Rapat no.30. Thereafter inquest report of the dead body was prepared. Five Panchas were appointed and in the opinion of the Panchas Hari Krishna was a drunkard and according to the information received by them he was sitting on that bridge after taking drink on 3.6.2004 and somehow he fell down from the bridge and died as a result of injury received by him. It was recommended that post-mortem of the dead body be performed. The dead body was sent for post-mortem. In the post-mortem examination it was found that there was a head injury with contusion on the back of skull 5cm x 4cm. and on dissection bleeding fluid was found present. There was contusion on the base of neck and cause of death was shock and haemorrhage as a result of anti-mortem injuries.