PARSADI Vs. STATE OF U P

JUDGEMENT

(1.) PARSADI and Nathu alias Raj Pal appellants have preferred this appeal against the judgment and order dated 19-11-1977, passed by O. P. Mehrotra, Sessions Judge, Mathura, whereby he has convicted both the appellants under sections 302/149 and 32 /149 and 147 IPC and sentenced each of them to imprisonment for life and for six months' R. I. twice respectively. All the sentences were ordered to run concurrently.

(2.) BRIEF facts of the prosecution case are that on 29-5-1974 at about 1.30 P. M. while Lallu (PW 1) and his wife Smt. Rupan (deceased) were looking after their field in which Kakadi and Kharbooja had been sown. The aforesaid two appellants along with one Hari Singh and two other unknown persons entered the field of Lallu and put a net in that field in order to catch rabbits. They also ate some Kakadi and Kharbooja and caused damage to the Kakadi and Kharbooja crops. Then Smt. Rupan asked them not to do so, whereupon they started assaulting her with Lathis. It is alleged that Natho alias Rajpal gave a lathi blow on her head on which she fell down unconscious and when her husband, Lallu came to her rescue, the culprits assaulted him as well. Lallu also plied Dandah in his defence. Besides Lallu, this occurrence is said to have been witnessed by Shobha Ram (PW 5) Girdhari (PW 7) and others. After assault, the culprits ran away across the railway line.

(3.) DR. D. D. Chaturvedi (PW 6) conducted the post mortem examination on the dead body of Smt. Rupan on 30-5-1974 at 5.30 P. M. He found the following two ante-mortem injuries on her person : 1. Stitched wound 4" in length on left side head 3-1/2" above left ear ; Abrasion 1/2" x 1/2" on left side buttock. On internal examination the doctor found that left frontal, parietal and temporal bones under injury no. 1 were fractured. The scalp, membrance and brain were found congested. The stomach contained 3 Ozs. of semi digested food material. The small intestines also contained semi digested food. Faecal matter was found in the large intestines. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of the head injury and injury no. 1 was sufficient in the ordinary course of nature to cause death.