1. The State as Appellant assails the acquittal of the three Respondents by the High Court, reversing their conviction Under Sections 302/149, 307/149, 147, 148 and 452 of the Indian Penal Code ordered by the Trial Court.
2. The assault took place on 10.01.2002 at about 4.30 PM. Two persons Mahendra Singh and Lokesh, who were father and son respectively, have been deceased. PW-1, Smt. Mahendri, wife of deceased Mahendra Singh, is an injured eye witness. PW-3, the wife of deceased Lokesh is also an eye witness. Five persons were originally Accused. One of the Accused Satyendra @ Mintoo was deceased during the course of the trial. The three Respondents were armed with spade, iron rod and country-made pistol respectively. The injuries found on the deceased and the injured PW-1 are as follows:
Injuries of deceased Mahendra:
i) Multiple incised wounds of various sizes 18 cm x 4.5 cm x bone deep and 6 cm x 2 cm x bone deep on the back of left and right side of head, back of head and fresh blood was oozing from the head. The cleavage of the wound was clean out.
ii) Multiple incised wounds 16 cm x 5 cm. The depth of the wound cannot be said. There was fresh bleeding from the left side face and neck. The edge was clean out.
Injuries of deceased Lokesh:
i) Incised wound 13 cm x 2 cm x bone deep on the back of right head just 3 cm above the right ear.
ii) Incised wound 10 cm x 4 cm x bone deep on the back of head just above the right ear and above the back hairline. The largest incised wound was 18 cm x 1 cm and the smallest wound was 5 cm x 1 cm.
iii) Incised wound 9 cm x 2 cm x bone deep on left side face just beside the nose which was extended from the beginning of left eye till chin.
iv) Incised wound 8 cm x 2.5 cm was found on left side neck. One blood vessel under this wound was cut.
v) Incised wound 5 cm x 5 cm x muscle deep in front of left shoulder.
vi) Incised wound 3 cm x 25 cm x muscle deep in the middle of right hand.
vii) Multiple contusions in the area of 14 cm x 8 cm in front of right shoulder.
viii) Incised wound 25 cm x 1 cm x muscle deep in the middle of right hand.
ix) Multiple straight abrasions of 24 cm found in the middle of navel, stomach and chest.
x) 3 cm x 1.5 cm punctured wound in the left gallinule region (part of belly which connect waist) for which the intestine was coming out.
xi) Abrasion 3 cm x 1 cm was found on the front part of penis.
Injuries of PW-1, Mahendri:
i) Incised wound 5 cm x 1 cm x bone deep on the let head, back of left ear. There was fresh bleeding from the injuries and the edge of the injury was clean cut.
ii) Incised wound 10 cm x 6 cm x bone deep on left wrist and left forearm. There was fresh bleeding from the injuries and the edge of the injury was clean cut.
iii) Incised wound 7 cm x 2 cm x bone deep on right wrist. There was fresh bleeding from the injury and the edge of the injury was clean cut.
iv) Incised wound 3 cm x 1 cm x muscle deep on right wrist. Th........