MAHADEO AND ORS. Vs. STATE

JUDGEMENT

(1.) THE present Criminal Appeal is directed against the judgment and order dated 12.6.1980 passed by the IIIrd Additional Sessions Judge, Gonda convicting the Appellants under Section 302/34, I.P.C. and sentencing each of them to imprisonment for Life In connection with an incident alleged to have taken place on 23.8.1977 at about 10.45 a.m. near Belal Nala situated on the east of police station Paraspur, District Gonda.

(2.) THE prosecution case in brief is that there was an enmity between the complainant Raj Bahadur and accused Mahadeo and the proceedings under Section 107/116, Code of Criminal procedure. took place between them. It is said that on the date of the incident. i.e. 23.8.1977 at 10.30 a.m. the complainant was accompanying his brother Ambika Singh to his Pahi of village Barwanpurwa H/o Maghaipur Khandeyrai from market. It is said that as soon as they reached near Belai Nala situate at about one furlong away from P.S. Paraspur, the complainant sat there to make water and his brother Ambika went ahead. It is said that on raising from the place after attending to call of nature, he saw the accused persons, namely: Ram Naraln, Mahadeo, Vijai Shanker alias Vijai Bahadur, Shesh Raj alias Chhangu, Desh Raj and Ram Bahadur alias Pappu armed with lathis came out from the Behaya bush and on the exhortation of accused Ram Narain, his other companions started assaulting Ambika Singh (deceased) with their respective weapons. The complainant raised an alarm and on hearing the alarm, several persons reached there and witnessed the incident. It is also alleged that on hearing the hue and cries, Sub -Inspector of Police as well as Constable also reached the place of the incident and they also chased the accused persons. It is said that the villagers with the help of the police men apprehended accused persons, namely ; Mahadeo, Vijai Shanker altos Vijai Bahadur and Shesh Raj alias Chhangu but the other three accused persons managed to run away. It is said that Ambika Singh was in unconscious state and, therefore, complainant Tej Bahadur prepared a report scribed by P.W. 3 Shitla Prasad Shukla and handed over to P.W. 6 S.I. Shyam Deo Ram on the spot itself. The F.I.R. was thereafter, lodged on the same day at 11.20 a.m. at P.S. Paraspur, District Gonda. The police recovered the lathis, prepared the memo and thereafter, the injured as well as the, accused persons were brought to the police station and there a chik F.I.R. was prepared and sent the injured to P.H.C. Paraspur for medical examination by constable Sharda Singh. Injured Ambika Singh however, succumbed to his injuries in the Hospital and on receipt of this Information the case was converted under Section 302, I.P.C. The dead body of deceased Ambika Singh was thereafter, brought to the police station from the Hospital. Then the Investigating Officer prepared the inquest report Ext. Ka. 10 and also prepared other relevant papers Ext. Ka. 11toKa. 16 for autopsy and thereafter, the dead body was handed over to Constable Shridhar Pandey and Chhatradhari Yadav who brought the dead body to mortuary for post mortem examination. The Investigating Officer, thereafter, recorded the statements of the witnesses and prepared the site plan Ext. Ka. 17. He also took the attendance register from the school where the accused persons were employed as teachers and after completing the investigation, S.O. Arjun Singh (who received investigation from S.I. Shyam Deo Ram) submitted the charge -sheet against the accused persons.

(3.) ON internal examination of the dead body, the doctor found massive hematoma present on right side under the scalp. Right temporal and parietal bones were found fractured under the injury No. 23. The membranes were also found congested. The stomach of the deceased contained eight ounces of semi digested paste like food and small intestines were found to contain gases and the large -intestine was full of faecal matter. According to the doctor, the death of the deceased Ambika Singh was caused due to hemorrhage and shock as the result of ante -mortem injuries. The post mortem report is Ext. Ka. 5.