THAKUR PRASAD Vs. STATE

JUDGEMENT

(1.) RAJESHWAR Singh, J. Thakur Prasad convicted under Section 302,i. P. C. for committing murder of Sarafat Ali on 16-3-75 at 8. 00 p. m. near his shop and sentenced to undergo imprisonment for life by the Sessions Court filed this appeal.

(2.) PROSECUTION allegation is that the appellant and deceased opened a Parchun shop in partnership and it was looked after by the appellant. The deceased used to sit at another shop of his at his house and the appellant used to conduct the affairs of the partnership shop. The appellant did not render account and a few months before the occurrence that partnership shop was closed. The deceased demanded that the appellant should render account but he went on postponing it. On 16-3-75 in the noon, the deceased again insisted on rendition of accounts, when enraged the appellant, who went away threaten ing that he would settle the account.

(3.) THEREAFTER it was advised that the deceased should be taken to Lucknow. It appears that while on his way to Lucknow Sarafat Ali died. On being informed the police at Lucknow made an inquest over the dead body. Then it was sent for post-mortem examination which was conducted by Dr. P. P. Gupta (P. W. 10) on 17-3-75 at 2. 00 p. m. He found that the age of the deceased was about 25 years and he died 18 hours earlier. Rigor mortis was present. Following ante-mortem injuries were noticed by him. They are to be found in Ex. Ka-10. The first 4 injuries were caused by some sharp edged weapon :- (1) Incised wound 7 cm. x 3 cm. X trachea deep on the front side of the neck, 4 cm. above the inner and of the right clavicle. Its tailing was towards right side and trachea had been cut blow the thyroid cartilage. (2) Incised wound measuring 3. 2 cm. x 0. 5. cm. x muscle deep on the right index finger. This wound was on the inner side of the first phalanx. (3) Incised wound measuring 1. 5 cm. X 10 cm. (0. 3 cm.) X muscle deep on the palmar side of the middle finger of the right hand. (4) Incised wound measuring 1. 5 cm. x 3/10 cm. muscle deep on the palmar side of the third phalanx of the ring finger right hand. (5) Abrasion measuring 7 cm. x 2. 5 cm. on the back side of right forearm, below the elbow. (6) Abrasion measuring 1. 5 cm. x 1 cm. on the back side right forearm, 2. 5 cm. below the elbow. (7) Abrasion measuring 2cm. xl cm. upon the front side of the left wrist. (8) Abrasion measuring 5 cm. xo. 5 cm. on the right leg. 11 cms. below the knee.