STATE Vs. BALJIT AND OTHERS

JUDGEMENT

(1.) The present State appeal is directed against the acquittal order dated 27.7.1979 passed by the 1st Additional Sessions Judge, Gonda.

(2.) The respondents were prosecuted under Sections 302/149, 148, 449 and 506 I.P.C. The deceased Kedar Nath Shukla was the resident of village Ranjot but he owned a Saw Mill which is half a furlong away from Maskanwa Railway Station. The Saw Mill existed in the varandah and a flour Mill has also been installed in one of the rooms. There is one more room at some distance which is used as residence and Kedar Nath Shukla deceased used to live in this room. It is the case of the prosecution that his family members used to live in village Ranjot. It is said that there was some enmity between the respondents and Kedar Nath Shukla AS-20 deceased and the accused persons bore ill-will against Kedar Nath Shukla deceased. On 29.6.1976 Kedar Nath Shukla as well as P.W. 9 Mathura Prasad Shukla son of Kedar Nath Shukla were present at the Saw Mill. In the night two persons namely Vishnupati P.W. 4 and Satya Narain P.W. 5 came to the Saw Mill and stayed there during the night. Khaderu Chaukidar of the Saw Mill also slept there. At about 10.00 A.M. Bindra Prasad another son of Kedar Nath Shukla also reached the Saw Mill and he also slept there. It is said that all these persons were sleeping in the open near the small room in which there was Flour Mill. Kedar Nath Shukla was sleeping in the room which is situate at some distance. At about 2.00 A.M. the witnesses who were sleeping in the open woke up hearing some noise coming from the room in which Kedar Nath Shukla was sleeping. They ran towards the room flashing their torches and as soon as they came near the door of the room, they saw the three respondents alongwith their three unknown associates coming out of the room and running away. It is alleged that at that time accused Baljit Singh was armed with a Banka, Pandit Singh was armed with a gun and Babu Ram was armed with a country made pistol. They went inside the room and found Kedar Nath Shukla lying murdered on the cot. It is also alleged that several persons also reached there hearing alarm raised by the witnesses. Bindra Prasad then wrote a report Ext. Ka-1 and handed it over to P.W. 9 Mathura Prasad Shukla who lodged the same at Police Station, Chhapia, District Gonda at 4.30 A.M. P.W. 13 Mobin Ahmad who was the only Sub Inspector at the Police Station was also out of Police Station, therefore, 'a case was registered and the papers were sent to him through P.W. 11 Constable Krishna Kumar. P.W. 13, S.I.Mobin Ahmad received papers at the Railway Gumti Kunkuhiya at about 6.00 A.M. On receiving the papers he proceeded to the place of incident reaching there at about 7.00 A.M. He prepared inquest report as well as relevant papers and sent the dead body for post-mortem examination through Constable Krishna Kumar Singh, P.W. 11. The Investigating Officer thereafter interrogated the witnesses and inspected the spot and prepared site-plan Ext. Ka-19. He also recovered blood-stained articles and sealed them. After completing investigation, he submitted charge-sheet against the accused persons.

(3.) The autopsy on the dead body of Kedar Nath Shukla deceased was conducted by P.W. 2 Dr. N. Verma, on 30.6.1976 at about 5.00 P.M. The Doctor found the following ante-mortem injury on the dead body of the deceased: Incised wound 14cm. x 5cm. x 5cm. on right side neck in upper part stating just behind right. According to the Doctor the death was caused due to shock and haemorrhage due to this single neck injury.