SHOBHA NATH Vs. STATE

JUDGEMENT

(1.) I. P. Vasishth, J. The instant appeal is directed against the judgment and order of sentence dated 31-10-1979 passed by Sri R. S. Srivastava, the then Illrcl Additional Sessions Judge, Barabanki.

(2.) ACCORDING to the prosecution, the complainant P. W. 1 Smt. Phool Mali and her deceased husband Ram Asrey resi dents of village Hetmapur were 'mahapatra Brahmans' who usually as sisted in the performance of the last rites of the dead persons and received the usual 'maran Dan' from the bereaved families. Howsoever unpleasant the job, it was a part of their professional obligation; albeit a source of income. Accused Shobh Nath is a resident of village Kodri whereas accused Radhey Shyam, Mannu and Ram Lakhan belong to village Pandopur. Both these villages are situated in the close proximity of village Hetmapur and they too are 'mahapatra Brahmans' by caste. Obvious ly they also assist the bereaved families in the performance of the last rites of their dead and in the process obtain the usual Maran Dan.

(3.) P. W. 5 In-charge police station, Jagannath Prasad investigated the matter, he went to the spot, took charge of the dead body, conducted the inquest and dis patched the dead body to the mortuary for post-mortem. The autopsy was conducted by P. W. 6 Dr. Rafat Ashfaq who found it carrying the following anti-mortem sharp weapon injuries:- "1. Incised wound 19. cm x 8 cm on the front and toe of lower neck-trachea and oesophagus and the intervening muscle and tis sue cut, 6th cervical vertable (sic) cut in the middle. 2. Incised wound 8 cm x 5 cm x cavity deep on the right side of abdomen at the sub-costal margins; direction upward medially. 3. Incised wound. 5cm x 1 cm x muscle deep on the left side of face over the mandible. "