BHARAT YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The two appellants and one Vishwanath stood charged for offences under Sections 302/34 and 323/34, IPC before the IVth Addl. Sessions Judge, Mirzapur, in S.T. No. 55 of 1979. During the pendency of the trial, however, Vishwanath had died. The trail proceeded for the other two and the learned trial Judge, by his judgment and order dated 30-6-1980, convicted the two appellants for both the aforesaid offences and sentenced each of them to undergo imprisonment for life u/Ss 302/34, IPC and further sentenced each to undergo R.I. for 6 months under Sections 323/34, IPC. The sentences were to run concurrently. The two appellants presented the appeal on 10-7-1980 and were enlarged on bail under an order of this Court.

(2.) Upon a report of Sri Barhu, son of Raghunath Yadav, made to the Adalhat police station, District Mirzapur, a non cognisable case No. 398 under Sections 323, 504 and 506, IPC was drawn up on 11-12-1978. The report indicated the name of the complainant as also the name of the accused, Bharat, Nakku and Vishwanath and names of two witnesses, Radhey and Shyam Narain. The short note of the incident as noted in the chick indicated that the accused persons were ploughing their land. Chabutara of the complainant was by the side of the land. The accused persons came upon the chabutara and ploughed it up. When the father of the complainant objected the accused persons started assaulting him. The victim raised alarm which attracted the complainant and the witnesses. They tried to rescue Raghunath and the complainant too was assaulted by lathi. His father also sustained injury. The injured, Raghunath, was taken on a charpoy to the police station. The injured persons were referred to the hospital. The doctor declared Raghunath dead. The dead body was brought back to the police station and death too was reported. Only thereafter the case for the death of Raghunath was initiated.

(3.) The dead body was sent for post mortem examination which was held on 12-12-1978 at about 8 a.m. and three injuries were found on the head with certain other injuries at some other parts of the body. According to the post mortem report, the skull bone undre the three head injuries was fractured and the membranes of the brain were torn underneath the three ante-mortem injuries on the head. According to the post mortem examination, death was due to shock and haemorrhage as a result of these head injuries. During investigation, the witnesses were examined, blood stained earth and standard earth were seized and charge sheet was submitted against the three named accused persons. After commitment, trial was taken up before the Sessions Court.