(1.) Instant criminal appeal has been filed against the judgment and order 17.04.1999 passed by Special Sessions Judge, Pratapgarh, in Sessions Trial No.260 of 1998 whereby and whereunder the accused/appellant Nanhey @ Rajpati Mishra was found guilty under Section 304 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years.
(2.) The facts, as narrated in the first information report, in brief, reveal that on 05.02.1998 at about 05.30 PM the accused/appellant Nanhey @ Rajpati Mishra, who happened to be the neighbour of the complainant, was beating his mother. Father of the complainant namely Satya Narain Mishra hearing the noise moved towards the place of incident to rescue the mother of the accused/appellant from his clutches. The deceased scolded and restrained the accused/appellant from beating his own mother but the accused/appellant immediately used 4-5 lathi blows on the head of the deceased causing serious injuries. Hearing the noise of the father, the complainant Ashok Kumar and his brother, who were at some distance in their fields, rushed towards their father and saw the accused/appellant beating their father. After seeing the witnesses, the accused/appellant flew away from there. The father of the complainant became unconscious. He was taken to his house but in the night his health condition became very serious. Next morning on 06.02.1998, he was brought to District Hospital for treatment but the doctor referred the deceased to Swaroop Rani Medical College, Allahabad, were he remained under treatment for about 5 days. On 11.02.1998 at about 02.00 PM he expired. The complainant Ashok Kumar moved an application in the form of a complaint/first information report on 13.02.1998 at about 10.15 AM which was registered as Ext. Ka-4 and was entered in G.D. as Ext. Ka-5 and a Crime No.36 of 1998 was registered under Section 304 IPC against the appellant. The investigation was marked to SI Chandrika Singh, who immediately rushed to the place of incident and prepared site map and after that recorded the statement of the witnesses, prepared the inquest of the deceased and after preparing all other relevant papers, the dead body of the deceased was sealed and sent for postmortem report. After investigation, the charge sheet against the accused/appellant was submitted before the Court and learned Chief Judicial Magistrate took cognizance and committed the case to the Court of Sessions. Learned Sessions Judge summoned the accused and charged him under the aforementioned section for which he pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Raj Kumar Mishra, PW-2 Ashok Kumar Mishra, PW-3 Smt. Indrawati, PW-4 Chandrika Singh, PW-5 Dr. Mahendra Kumar and PW-6 Dr. S.C. Srivastava were examined.
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