IMPORTANT POINT
In criminal law, the prosecution must prove the accused's guilt beyond reasonable doubt, particularly in murder cases where intent and knowledge are critical elements.

JUDGMENT :

SHIV SHANKER PRASAD, J.

1. We have heard Mr. Purshottam Upadhyay, learned Additional Government Advocate for the State-appellant and Mr. Nikhil Kumar, learned Amicus Curiae, for the accused-respondents as well as perused the materials available on trial court’s record.

2. This Government Appeal is directed against the impugned judgment and order dated 30.09.1982, passed by IVth Additional Sessions Judge, Mirzapur in Sessions Trial No. 7 of 1981 (State Vs. Ram Naresh Gupta and others), whereby accused-appellants Ram Naresh Gupta, Basdeo Gupta, Ram Nath Gupta and Madan Gupta have been convicted for the offence under section 323/34 I.P.C. and sentenced to undergo three months rigorous imprisonment alongwith fine of Rs. 150/- each; in default thereof, they have to further undergo 15 days additional imprisonment each. By the impugned judgment, the accused-respondents have been acquitted from the charges under Sections 302, 302/34 I.P.C.

3. During pendency of the instant Government Appeal, accused-respondent nos. 1, 2 and 4, namely, Ram Naresh Gupta, Basdeo Gupta and Madan Gupta have already died, hence the instant Government Appeal at their behest have also been abated by this Court vide order dated 6th May, 2024.

4. As per the prosecution case, there was enmity between the accused persons and Mahendra Prasad (complainant/PW-1) with regard to some land situated in village Khetkatawa. On 4.7.1979 a first information report (Ex. Ka-17) was lodged by PW-1 Mahendra Prasad at Police Station Kon, District Mirzapur against accused persons, namely, Ram Naresh Gupta, Basdeo Gupta, Ram Nath Gupta and Madan registered as Case Crime No. 16 of 1979 under Sections 148, 149, 302 and 323 of I.P.C. at Police Station-Kone, District Mirzapur, as per which on 4.7.1979 at about 6:00 a.m. the accused persons went to the village Khetkatawa and asked the complainant (PW-1) as to why he had set up hut (Mandai) on the land which the accused persons claimed to be their own. The complainant is alleged to have replied that he erected the hut (Mandai) to look after his land. An altercation ensued, whereafter the accused Basudeo is alleged to have wielded a lathi on the complainant’s brother Rajendra and when complainant Mahendra went to rescue Rajendra, accused Madan Gupta attacked him with lathi, wife of Rajendra Smt. Kabootari also rushed to the spot to rescue him but Ram Naresh Gupta beat her with lathi and also snatched the female child Lilawati aged about 9 months from her lap and threw her on the ground. Ramnath stuck a lathi on Halkeri, father of the complaint and he too was injured. In the meantime, other villagers arrived there and on their intervention, the accused ran away from the place of incident. Thereafter, the complainant Mahendra Prasad took all the injured persons along with the female child to the police station Kone, District-Mirzapur. While going to the police station, the female child died on the way.

5. On the basis of the written report, chick first information report Ex. Ka-17 was prepared. Details of the incident were entered in the general diary of 4.7.1979 at Rapat No. 7 at 6:45 a.m. and the crime was registered at No. 16/1979, under Sections 148, 149, 302, 323 I.P.C.

6. After registration of the first information report, Sub- Inspector Dharmdeo Singh prepared the inquest report (Ex. Ka-2) of the dead body of the deceased female child. He also prepared the photo lash (Ex. Ka-11) and sealed the dead body and sent it for post-mortem by Constable Ram Gopal.

7. An autopsy of the dead body of the deceased Lilawati has been conducted by Dr. R.A. Mishra (PW-4) on 5th July, 1979 at 02:00 p.m. He did not found any visible injury on the body of the deceased. He opined that the death of the deceased is shock and haemorrhage due to rupture of enlarged spleen.

8. PW-4 has also medically examined the injured Halkhori on 5th July, 1979 at 11:00 a.m. and found following injuries on her body:

“1. Lacerated wound 3 ½ cm. x 2 cm. x ½ cm. on middle of