RAJA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal arises out of an unfortunate occurrence in which two teenagers, both co-workers at a petty tea shop, were involved. The facts of this appeal lie in a short compass. Deceased Karhley, a lad of about 17, and accused Raja Ram of the same age group, both were employed at the hotel of one Halli, situate in Mohalla Bhuin-phurwa Nath. 4 or 5 days before this murder, according to the prosecution story, the deceased had committed car-na intercourse against the order of nature with accused Raja Ram. On 6th of Oct. , 1972, the deceased and the accused both on pretext of easing themselves went away from this hotel at about 3 p. m. Both of them went to Mahewa Garhi. After finishing easing himself in the Arhar field of one Lai Mohan Singh, when Karhley deceased was tying the string of his Pyjama, Raja Ram accused expressed a desire to have a carnal intercourse against the order of nature with deceased Karhley. Karhley was not prepared to oblige him and pointedly refused the suggevstion. This is said to have enraged the accused who started assaulting Karhley with a knife. Karhley raised an alarm and this had brought to the scene of occurrence P. Ws. Chandrika Prasad and Raja Ram. Upon their arrival, Raja Ram accused is said to have run away. Karhley was lying injured. Karhley requested them to convey this information about his being injured at the hotel of Halli where he was employed. These two (persons came to the hotel of Halli, conveyed the information of this incident and thereafter Halli, accompanied by P. Ws. Indra Prasad and Mewa Lai, apart from some others, came to the aforesaid scene of occurrence forthwith. They found Karhley lying in the field of Lai Mohan Singh. Near about this place, where Karhley was lying, a Lota, a pair of Hawai Chappals and a knife were also found. Upon enquiry by Halli, Karhley gave him the details of incident. 'a cot was sent for by Halli. Halli, in the meantime, got prepared a written report which was scribed by Indra Prasad. Thereafter, Halli, took the injured on a cot to the Police Station Kotwali, Kheri, where he handed over the written report the same day at about 4. 30 p. m. The distance between the scene of occurrence and the police station is about two miles, Karhley was promptly despatched to District Hospital, Lakhimpur, for his medical examination. Karhley was medically examined by Dr. Satish Chandra Agarwal Medical Officer, District Hospital, Kheri, on the same date, namely, 6th of Oct. , 1972, at about 5. 05 p. m. The following injuries were found upon the person of Karhley:

(2.) OPINION of Dr. Agarwal was that all the injuries were fresh. These were caused by a sharp edged weapon. Injuries 1. and 7 were kept under observation; The remaining injuries, however, were found to be simple. Karhley was admitted in the emergency ward. Since Karhley's condition started deteriorating, Dr. Agarwal sent a report to the Sub-Divisional Magistrate as well as Tahsil-dar-Magistrate for recording dying-declaration of Karhley. On the same date, namely, 6th of Oct. , 1972. at. about 6. 15 p. m. , Tahsildar-Magistrate, Sri B. P. Srivastava, P. W. 8 recorded dying-declaration of Karhley in the emergency ward in the presence, of -Dr. Satish Chandra Agarwal who certified the mental condition of Karhley. We are repro- ducing this dying declartion in extenso as below:

(3.) INTERNAL examination revealed that there was blood ecchymosis present under injury No. 5 on right chest, and right chest wall was punctured under injury No. 5. Right pleura was also punctured under injury No. 5 and the right pleural cavity contained 70 M. L. of fluid blood. Right lung was punctured under injury No. 5 and was covered with blood. The stomach was empty and was found to be stitched at two places. The opinion of Dr. Singh was that death was caused due to shock and haemorrhage as a result of ante-mortem injuries which, in his view, were sufficient in the ordinary course to cause death.