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A.F.R.

Reserved

Case :- CRIMINAL APPEAL No. - 2027 of 2013

Appellant :- Bakshraj

Respondent :- State of U.P.

Counsel for Appellant :- Amit Kumar Srivastava,Ramesh Kumar

Mishra

Counsel for Respondent :- Govt. Advocate

Hon'ble Bachchoo Lal,J.

Hon'ble Subhash Chandra Sharma,J.

(Delivered by Hon'ble Subhash Chandra Sharma, J.)

1.

The present Criminal Appeal is being preferred against the

judgment and order dated 30.04.2013 passed by Additional

Sessions Judge, (Ex Cadre Post) II, Fatehpur in Session Trial

No.43 of 2010 (State vs. Bakshraj) arising out of Case Crime

No.106 of 2009, under Section 302 I.P.C., Police Station Dhata,

District Fatehpur, whereby the appellant was convicted and

sentenced for life imprisonment and fine of Rs.10,000/- in default of

payment of fine to undergo for six months additional simple

imprisonment.

2.

The prosecution case in brief is that on 09.10.2009 Rajan

aged about 45 years (deceased) the brother of informant Bachcha

Lal @ Chapra went to look after his fishes kept in tank namely

Balram Pond in the evening at about 9:00 P.M. but he did not

return till the next day morning. Thereafter, the informant his

brother Kallu and Suraj were going to search about him towards

the tank meanwhile they saw some blood lying near the chuck road

in the garden of Iqbal Bahadur Singh. They made search near that

place and found dead body of their brother drenched with blood,

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under a mango tree in the North East with marks of sharp weapon

injuries on his head. On this they suspected that on account of old

enmity Bakshraj s/o Binga and unknown persons had committed

murder of their brother. Thereafter, informant Bachcha Lal @

Chapra went to police station Dhata at about 7:30 A.M on

10.10.2009 and by giving a written taharir lodged an F.I.R. as

Crime No.106 of 2009, under Section 302 I.P.C.

3.

Sub-Inspector Sri Vipin Kumar Trivedi proceeded to the place

of occurrence and conducted inquest of deceased Rajan Pasi in

presence of witnesses. He prepared inquest report and other

essential papers for post mortem of deceased and sealed the dead

body. It was handed over to constable Sunil Narain and constable

Pramil Vivek to carry it for post mortem with essential papers.

4.

Post mortem of dead body of decased Rajan Pasi was

conducted on 11.10.2009 at mortuary Fatehpur. Dr. R.K. Verma

conducted the autopsy of the dead body of deceased Rajan Pasi

on the same day at about 2:15 P.M. and prepared post mortem

report which is Exibit Ka 2. Details of post mortem report are as

under:

External Examination

Aged about 45 years; after death about one and half day average

built body rigor mortis was present on upper and lower extremities,

eyes closed, mouth half open.

Ante Mortem Injuries

(i) incised wound at occipital area of head size 17cm x 2cm

bone deep 6cm above the right ear;

(ii) incised wound at right side of neck size 3cm x 1cm bone

deep, 7cm back to right ear;

(iii)

incised wound at head posterior area size 3cm x

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5cm bone deep, 8cm below to injury no.1;

(iv)

incised wound at upper back at chin size 3 cm x 1

cm muscle deep, 3 cm below the 7^th vertebra;

(v) incised wound at uper back size 4cm x 1cm muscle deep,

7cm below the right shoulder joint;

(vi)

multiple abrasions at back size 5cm back to left

shoulder joint size 10cm x 5cm;

(vii)

abraded contusion at left elbow area posterior

aspect in an area of 4cm x 3cm with dislocation of elbow

joint;

Enternal Examination

Neck- as mentioned above

Skull- occipital and right temporal Bone- fractured

Membrane- lacerated

Brain- lacerated and about 100 ml clotted blood present in cavity

Base- NAD

Vertebrae- NAD

Spinal Cord- not opened

Thorax

Walls, Ribs & Cartilages- NAD

Pleuss- NAD

Larynx, Trachea & Bronchai- NAD

Right and Left Lungs- Pale

Pericardium- NAD

Heart- Empty Both Side

Vessels- NAD

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Abdomen

Walls- NAD

Peritoneum- NAD

Cavity- NAD

Buccle Cavity- Teeth, Tongue and Pharyad 16/16