STATE OF U P Vs. JAMUNA CHAUBEY

JUDGEMENT

(1.) M. C. Jain, J. The State has preferred this appeal against the judgment of acquittal recorded on 13-5-1991 by the Sessions Judge, Ballia in S. T. No. 198 of 1987. The complainant Shiv Dutt Chaubey has also preferred a Criminal Revision No. 1140 of 1991 against the acquittal. Both the matters are being decided by this common order.

(2.) JAMUNA Chaubey and his two sons Ram Vyas Chaubey and Lallan Chaubey (accused-respondents) were tried before the Sessions Judge in S. T. No. 198 of 1987. Out of them, JAMUNA Chaubey died during the pendency of this appeal and the same abated against him under order dated 18-10-2005, Presently, the Court is concerned only with two other accused-respondents-Lallan Chaubey and Vyas Chaubey. The incident took place on 31-5-1987 at about 6 p. m. in village Akhar, Police Station Kotwali, Ballia and F. I. R. was lodged the same night at 8. 55 p. m. by the complainant Shiv Dutt Chaubey PW 1. One Raj Kumari, married daughter of Shiv Dutt Chaubey, was murdered in the present incident. The distance of the police station from the place of occurrence was about 8 kilometres.

(3.) POST-mortem over the dead body of the deceased Raj Kumari was conducted by Dr. S. N. Sinha PW 4 on 1-6-1987 at 12. 30 p. m. The deceased was aged about 28 years and about 18 hours had passed since she died. The following ante-mortem injuries were found on her person: One firearm wound of entry measuring 14 cm x 9 cm x chest cavity deep lying over medial upper-most part of right arm and adjoining part of upper most part of front of chest right side. Margins inverted. No blackening, tattooing etc. seen. Direction of the wound was medially inward, slightly downward from right to left. Head of humerus was punctured.