MUNUWA ALIAS GANGA SAHAI Vs. STATE

JUDGEMENT

(1.) B. L. Loomba, J. We have heard learned counsel for the appellant and the learned Additional Government Advocate.

(2.) THE occurrence relates to 12th April, 1977 at about 5 p. m. outside the house of the appellant and deceased Babu Singh. THE prosecution case was that the water of the house of the accused-appellant was flowing out through the Sehan of complainant Ramesh Singh, Babu Singh, father of complainant Ramesh Singh had earlier complained to the appellant to desist from flowing dirty water of his house towards the Sehan of the complainant and eventually on the fateful day at about 5 p. m. dispute arose on the same controversy; accused-appellant Munwa came armed with a lathi having iron top and during the course of altercation appellant Munwa gave lathi blow to deceased Babu Singh and also caused lathi injuries to Remesb Singh, complainant, son of Babu Singh. Rajendra Singh son of Chandrika Singh who was also living in the neighbour hood received two abrasions.

(3.) THE first information report was lodged by the complainant on the same day at 5. 30 p. m. distance between the village and the police station was about three miles. Investigation proceeded in the usual manner having been carried out by Ram Kumar Singh (P. W. 7 ). Post-mortem examination was conducted by Dr. H. M. Saxena, Medical Officer on 15-4-77 at 3. 30 p. m. THE deceased was aged about 45 years. Underlying the injury fracture in the area 3" x" was discovered. Lacerated wound fracture in the area of 2" x" X 112" was found in the membrane and brain, blood blots were also found.