LAWS(ALL)-2019-11-371

LALSA Vs. STATE

Decided On November 04, 2019
LALSA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 is before us to examine correctness of the judgment dated November 6, 1985 passed by learned Ist Additional Sessions Judge, Azamgarh in Sessions Trial No. 114 of 1982. By the judgment impugned, learned Trial Court recorded conviction of accused appellant Lalsa for an offence punishable under Section 304 (Part 1) IPC and appellants Shyam Lal and Kalawati Devi for an offence punishable under Section 323 IPC with fine of Rs. 250/-. During pendency of the appeal, accused appellant Kalawati Devi has already died hence the appeal stands abated qua.

(2.) The case of the prosecution as unfolded in the judgment impugned is that on 19th August, 1979, a First Information Report was lodged at Police Station Ghosi, District Azamgarh at about 12.00 hours with assertion that on the same day Jayant Kumar, son of complainant Angad Prasad, went to have water form the hand-pump. Smt. Kalawati Devi, wife of elder brother of the complainant, was already present at the hand-pump aforesaid and she did not allow Jayant Kumar to take out water from the hand-pump. Smt. Gulabi Devi, wife of the complainant, then went to the hand-pump along with her son but Kalawati Devi abused her too. Smt. Kalawati Devi and Smt. Gulabi Devi had certain heated altercations. The complainant also reached at the spot where he noticed that Shyam Lal, son of Jagroop Bhar, Lalsa, son of Shyam Lal and Kalawati Devi, wife of Shyam Lal, were in heated altercations with Smt. Gulabi Devi. During the course of heated altercations, a Varchha injury was caused to Smt. Gulabi Devi by Lalsa and certain other injuries were caused with the aid of Lathis by Kalawati Devi and Shyam Lal. On basis of the information aforesaid, a case was lodged to have investigation relating to offences punishable under Sections 323 and 324 IPC. Smt. Gulabi Devi, while undergoing treatment, died on 30th August, 1979. On death of Smt. Gulabi Devi, the Investigating Agency initiated investigation under Section 302 IPC. During course of that, an autopsy was conducted on the corpus of the deceased by Dr. V.P. Singh but the report was not produced in evidence. The post-mortem report was also not submitted by the Investigating Officer. Suffice to state that Dr. V.P. Singh (PW-4) examined injuries of Smt. Gulabi Devi on 19th August, 1979 and as per the injury report, she had one lacerated wound located on the left side of the head, 4 inches above the left ear and a punctured wound located on the both sides of the abdomen, 1 inch above navel. The size of the lacerated wound was 1 1/2 x 1/10 x 1/10 skin deep. The Investigating Agency after completing the investigation submitted its report as per provisions of Section 173 Code of Criminal Procedure, 1973 before the Court competent. The case being Sessions triable was committed to the Court of Sessions and the Sessions Court on 17th May, 1983 framed a charge for commission of offence by all the three accused under Section 304 IPC. On denial of the same, trial commenced as desired.

(3.) The prosecution supported its case with the aid of ocular evidence adduced by four witnesses out of whom Sri Angad Prasad (PW-1) was cited as an eye witness. Dr. V.P. Singh (PW-4) adduced medical evidence in relation to the injuries examined by him on 19th August, 1979. After completion of prosecution evidence opportunity was given to the accused appellants to explain adverse and incriminating circumstances against them. In prosecution evidence, the accused appellants in general termed the entire evidence false and concocted. They also stated that the incident came to be initiated on a very minor issue and the family members otherwise had no grudge or vengeance with each other. Deceased had minor injuries and she too caused certain injuries to the Kalawati Devi and other accused persons. No evidence in defence was produced. The Trial Court after considering the entire material available on record recorded conviction of the accused appellant Lalsa for an offence punishable under Section 304 (Part-1) IPC and all other accused persons for commission of an offence punishable under Section 323 IPC. So far as the crime committed by accused appellant Shyam Lal is concerned, nothing has been said by the learned counsel appearing on behalf of the appellant and evidence available on record too is sufficient to establish commission of a crime punishable under Section 323 IPC.