BHAIYA LAL LODH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 6.12.2018, passed by Additional Sessions Judge / Fast Track Court No. 2, District Kaushambi, in S.T. No. 125 of 2014 arising out of Case Crime No. 08 of 2014 (State of U.P. vs. Bhaiya lal Lodh and Another), under Section 304/34, 504, 323/34 I.P.C., P.S. Mohabbatpur Painsa, District Kaushambi, whereby both the accused-appellants Bhaiya Lal and Gajraj (hereinafter referred as "appellants") have been convicted and sentenced under Section 304 Part I read with Section 34 I.P.C. for 10 years rigorous imprisonment and fine of Rs. 20,000/- in default whereof, they have to undergo for two months additional imprisonment and for the offence under Section 323 read with Section 34 I.P.C. for one year rigorous imprisonment and fine of Rs. 1,000/- each and in default whereof they have to go further imprisonment of 10 days.

(2.) The brief facts, arising out of this appeal, are that informant Moolchand (PW-1) lodged the first information report (Ex.Ka.1) (hereinafter referred as "F.I.R.") at P.S. Mohabbatpur Painsa, District Kaushambi on 31.1.2014 at about 11.30 a.m. against his elder brother appellant-Bhaiya Lal and his nephew Gajraj (son of appellant Bhaiya Lal) with the allegation that due to a land dispute, on 31.1.2014, appellant Bhaiya Lal put soil in front of his (informant's) house, whereupon Kalavati (informant's wife) objected. Thereafter appellant Bhaiya Lal went on his tube well and started hurling abuses; Kalavati (deceased) and her son PW-4 Balram also went on tube well and objected the appellant to hurl abuses. It has further stated in the F.I.R. that on such objection, appellants Bhaiya Lal and Gajraj, at about 10:30 a.m. inflicted blows by lathi on the head of the deceased Kalavati due to which, she fell down on the Kharanjaa (pavement made bricks or stone) and died. They, also caused injuries with lathi to PW-4 Balram (son of informant). After the occurrence, leaving the dead body of deceased Kalawati at the place of occurrence. PW-1, Moolchand rushed to P.S. Mohabbatpur Painsa, District Kaushambi and lodged the F.I.R. stating that injured Balram (PW-4) had been carried to hospital by neighbourer. On such information PW-7 Head Const. Siyaram registered Chick F.I.R. (Ex.Ka.2) as Case Crime No. 8/2014 and entered the information in relevant G.D. Report (Ex.Ka.3). Investigation was entrusted to PW-8 S.I. Ram Rekha Yadav who rushed at the place of occurrence, inspected the dead body of deceased Kalavati; conducted the inquest proceedings; prepared inquest report as well as other relevant papers, necessary for conducting the post mortem examination, sealed the dead body of deceased and sent it for post mortem to District Hospital, Kaushambi.

(3.) PW-9, Dr. S.N. Mishra conducted the post-mortem examination of the deceased on 1.2.2014 at 12:30 p.m. According to him, rigor mortis was present overall in both limbs of the deceased, her eyes were closed, bleeding seen from her nose and mouth. According to him, following injuries were found on the body of the deceased, at the time of examination:-