JUDGMENT

1.This is an appeal against the judgment and order dated 24.6.2000, passed by Sri Rajeev Kumar Tripathi, then learned Addl. Sessions Judge, Jalaun at Orai in S.T. No. 185/98, State v. Ram Charan, (Case Crime No. 207/98) of P.S. Ata, district Jalaun.

2. The facts relevant for disposal of this appeal are that on 17.8.1998 at 4.45 a.m. Sri Gokul Prasad resident of village Ukasa, P. S. Ata lodged the F.I.R. at P. S. Ata district Jalaun with these allegations that in the previous night his son Arvind Kumar had gone from his house at about 8 p.m. to purchase gutkha. He did not return back and Gokul Prasad was under an impression that he might have stayed with any one of his friends. At about 3 a.m. he noticed some commotion (halchal) and so he had some suspicion and then he took Ram Kishun and Babu Ram with him and went to back side of the house of accused Ram Charan. He heard some sound coming from the back door, then he peeped inside the house and noticed that there was a dead body in a bag and there was fresh blood inside the house and accused Ram Charan was having an axe in his hand. Then Gokul Prasad shouted and moved towards the door, but in meantime accused Ram Charan and his companions who had committed the murder of Arvind Kumar ran away. He had suspicion that Moti Lal, Pyare Lal, Phool Singh and Ram Sewak also had their hands in this incident. This incident had taken place in between 10 p.m. to 2.30 a.m. in the night of 16/17.8.1998. Thereafter, he got the F.I.R. of this incident written by Ram Autar and went to the police station Ata where he lodged the report.

3. On the basis of the above report, the police registered Case Crime No. 207/98, u/s 302, I.P.C. against the above accused persons and started investigation. Inquest report of the dead body of Arvind Kumar was prepared and then the dead body was sent for post mortem. Post mortem of the dead body of Arvind Kumar was performed on 18.8.1998 at 2 p.m, and in the opinion of the Doctor the death had taken place 1 1/2-2 days ago. He had found the following ante mortem injuries on the dead body of Arvind Kumar:

1. I.W. 5 x 1 cm. at right ear lower at right side of face cutting lower part of ear lobule alongwith part of mandible and mastoid bone margins clean cut.

2. I.W. 3 x 1 cm. x 2 cm. lateral to Rt. mouth angle. Tailing towards mouth. Margins clean cut.

3. I.W. 3 x 2 cm. at right side of lower lip underlying bone fracture (mandible) teeth missing .. (P.T.) Tailing Rt. side margins clean cut.

4. I.W. 3 x 1 cm. and 2 x 1 cm. at Rt. side of chin and mid part chin 2 x 1 cm. margins clean cut.

5. I.W. 8 x 1 cm. .. (P.T.) front of neck transversely 1/2 cm. above supra sternal notch-trachea, oesophagus, great vessels and corresponding muscle of .. (P.T.) side of front of neck cut through and through.

6. I.W. ..(P.T.) cm. transverse and back of skull at occipital region cavity deep .. (P.T.) lying bone fractured.

7. I.W. 1 x 1/2 cm. x 0.3 cm. front of Prague at left side of face.

8. I.W. 10 x 3 cm. .. (P.T.) at left side of skull vertically placed lower end 3 cm. above left ear underlying bone fracture .. (P.T.) brain matter coming out margins clean cut.

9. I.W. 3 x 1 cm. below medial end of .. (P.T.) towards Rt. Margins clean cut.

10. I.W. 2 x 1 cm. front of upper left chest at nipple line 3 cm. .. (P.T.) clavicle tailing towards left.

11. I.W. 3 x 1 cm. at back of Rt. shoulder clean cut margins .. (P.T.) abrasion at back of Rt. upper middle part size 5 cm.

12. I.W. 4 x 1 cm. at back of Rt. side shoulder 3 cm. Rt. to base of neck clean cut margins.

13. I.W. 5 x 2 cm. bone deep at vertebral line obliquely placed 6 cm. .. (P.T.).

14. I.W. 3 x 1 cm. just above and 1/2 cm. Rt. to injury (No. 13) clean cut .. (P.T.).

4. In the opinion of the doctor, death was caused due to shock and haemorrhage as a result of the aforesaid ante mortem injuries.

5. The prosecution had sent the blood stained chappal, tahmat, baniyan, underwear, chhalla and ring of the deceased Arvind Kumar to the Forensic Sc