M.R. Shah JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.01.2014 passed by the High Court of Judicature at Allahabad in Government Appeal No. 2895 of 1982, by which the High Court has allowed the said appeal preferred by the State and has reversed the judgment and order of acquittal passed by the learned trial Court acquitting the Accused for the offences punishable Under Section 302 r/w 34 of the Indian Penal Code and consequently has convicted the Appellant-original Accused No. 4 for the aforesaid offences, the original Accused No. 4 has preferred the present appeal.
2. That as per the case of the prosecution the deceased was the Pradhan of the village for more than two decades. The Accused were having grudge against him. On 6.10.1981 at about 7:00 a.m., the deceased was going, as usual, to attend the call of nature towards the bank of river Yamuna situated near his village. When the deceased reached near Basic School, Nagarwar, all the four Accused suddenly emerged out from the Bajra field of Ram Sajiwan. Accused Murlidhar Pathak and Gurudutt Pathak were armed with lathis, Dharmraj Pathak was armed with spear and Ramraj Pathak was armed with pistol. The deceased was attacked by the Accused with spear and lathis. The deceased fell down on earth. They crushed his head with lathis. On hue and cry, first informant Satrughan Pathak, his brother Ramsukh Pathak, Lalmani Pathak and Shiv Shankar, who were already there at a short distance, rushed towards the deceased whereupon Accused Ramraj Pathak fired a shot from his pistol towards the deceased and all the assailants ran away along with their weapons. The deceased received his instantaneous death at the spot.
2.1. Satrughan Pathak, son of the deceased, lodged an FIR against all the Accused persons for the offences punishable Under Section 302 r/w 34 Indian Penal Code. The FIR was investigated by one Sukhram Sonkar, the Investigating Officer. He recorded the statements of the witnesses. He prepared the Panchnama at the spot. He arrested the Accused Murlidhar Pathak on 07.10.1981 at about 4:00 a.m. after a little chase and during the course of his arrest police personnel inflicted injuries at his person near bridge of river Fagawa.
2.2. Dr. Nisar Ahmad conducted the post-mortem. He noticed the following ante-mortem injuries on the body of the deceased:
i) Depressed fracture of skull with fracture of left parietal bone. In fact all the bones were broken. Brain matter had been liquefied.
ii) Multiple abrasion on left pinna.
iii) Incised wound over the scalp 5 inch above ear T.U. directed, 2 inch x 2 inch. Brain matter going out.
iv) Lacerated wound above the occipital, 2 inch x 2 inch. Brain matter going out.
v) Incised wound over the left occiput, 2 inch x 1 inch.
vi) Incised wound over lateral aspect of palm, 1 inch x 1 inch x muscle deep.
vii) Lacerated wound on the posterior aspect of skull, 1 inch x 1 inch x muscle deep.
viii) Incised wound over the proximal of the occipital.
ix) Incised wound over the left parietal bone, 1 inch x 1 inch x brain cavity deep with brain matter going out.
x) Incised wound over ........