TMI Blog1994 (2) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants (Ram Sahai has not filed any appeal and Uma Shankar has since died in jail) were tried for offences. under Section 302 read with Section 149 IPC and Sections 148 and 147 IPC. Appellant Uma Shankar was also tried for an offence under Section 436 IPC. Appellants Raja Ram, Anandi, Ram Janak, Harivansh, Halke and Uma Shankar along with Ram Narayan were also tried for offences under Section 325/149 IPC for causing grievous hurt to Ram Lakhan, while Anandi appellant was charged for an offence under Section 323 IPC for causing simple hurt to Sahodara Bai. 3. In brief, the prosecution case is that on 23.3.1983 at about 11 a.m. at village Chhigamma Police Station Gunnore, the appellants along with Ram Sahai and Uma Shankar on accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve tried to exaggerate to an extent the part played by the appellants in the assault but on that ground alone the entire prosecution case cannot be thrown out. It appears to us that the trial court adopted the easy course of throwing out the entire prosecution case without critically sifting the evidence and laid too much emphasis on minor discrepancies and contradictious . We find ourselves unable to agree with the reasoning of the trial court. The findings of the trial court are conjectural and based on surmises and we have not been able to persuade ourselves to subscribe to those findings. The adverse inference drawn by the trial court from the so called delay in the lodging of the FIR is not at all justified keeping in view the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rama Shankar with a pharsa, Ram Sahai with an axe and Raj Pratap with a country made pistol, and others with lathis no deadly weapon was used and therefore the conviction under Section 302/149 IPC, in the facts and circumstances of the case, is not sustainable. 7. We find from the medical evidence that no injury whatsoever had been caused to the deceased either by ballam, pharsa or even by an axe. So far as the injuries allegedly caused by the country made pistol below the knee near the left foot of the deceased are concerned, they also go to show that the accused party did not intend to cause the murder of Halke deceased. 8. Dr. K.M. Ojha PW15 admitted that he could not say with certainty whether the injuries below the k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t intend to cause the death of the deceased. The facts proved by the prosecution and the established circumstances on the record go to show that the case of the appellants does not fall within the ambit of any of the four clauses of the definition of murder contained in Section 300 IPC. However, in causing the injuries as have been noticed in the post mortem report and deposed to by Dr. Ojha PW15, the appellants must be attributed the knowledge that by their acts, they were likely to cause the death of the deceased, though without any intention to cause his death or to cause such bodily injury as is likely to cause his death. The offence in such a case, would, therefore be only culpable homicide not amounting to murder as per the third clau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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