LAXMI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 15.1.2000 passed by Sri M. K. Mittal then learned Sessions Judge, Jalaun in S.T. No. 190/96, State v. Luxmi Prasad and Ors. S.T. No. 190/96 : Case Crime No. 292/96 (Case Crime No. 292/96) of P.S. Ata, District Jalaun.

(2.) The facts relevant for disposal of this appeal are that on 14.6.1996 at 9.10 a.m. Babuji son of Sri Kishori Lal resident of Jora Khera, P.S. Ata lodged a F.I.R. at police station Ata with these allegations that on the aforesaid date at about 6 a.m. he alongwith his father Kishori Lal and brother Santosh had gone to their barn (khalihan) for cutting branches of a neem tree which had fallen down in a thunder storm. When they had cut some branches, his grand-father Laxmi Prasad and cousin brother Amar Nath having single barrel guns in their hands and uncle Kripal Singh having an axe in his hand reached there and abused them, and asked them as to why they were cutting branches of the neem tree. His father Kishori Lal replied that they may also cut the branches, then the above named accused persons again abused them, and Laxmi Prasad fired from the gun in his hand upon his father Kishori Lal who received the fire arm injury on his stomach ; Babuji and his brother Santosh rushed there to protect him but Amar Nath fired from his gun towards Santosh from behind. Then Babuji tried to run away from the spot but Kripal Singh gave an axe blow upon him. He protected himself by taking axe blow upon his hand. Consequently, he received injury on the hand. Kripal Singh gave axe blow upon head of Santosh and thereafter another blow of axe upon eye of Kishori Lal. On hearing noise, mother of Babuji also reached there. Amar Nath gave an axe blow upon her head also. Kishori Lal and Santosh died on the spot as a result of these injuries. Thereafter, the above named accused persons ran away towards Sunahata. Thereafter Babuji got a report of this incident written by Dharmendra Singh Lodhi and then he went to the police station and lodged the report.

(3.) On the basis of above report the police registered Case Crime No. 292/96, under Sections 302 and 307, I.P.C. against the accused persons and started investigation. Inquest reports of the dead bodies of Kishori Lal and Santosh Kumar were prepared and then the dead bodies were sent for post mortem. Post mortem of the dead body of Kishori Lal was performed on 15.6.96 at 4.30 p.m. and in the opinion of the Doctor the death had taken place one and half days ago. He had found the following ante-mortem injuries on the dead body of Kishori Lal: