- (1.)M. K. Mittal, J. The appeal and revision have been filed against the judg ment and order dated 25. 8. 1981 passed by Sri Ram Prakash Pandey, the then Sessions Judge, Sultanpur in S. T. No. 223 of 1981 whereby the appellant Raj Narain s/o Ganga Prasad, r/o Taranpur Majre Jag-dishpur, P. S. Kurwar, district Sultanpur was found guilty under section 304 (I) IPC and was sentenced to undergo rigorous imprisonment for seven years. Co-accused Smt. Sonkali was given benefit of doubt and was acquitted under section 302/34 IPC. Informant Nageshwar Prasad being aggrieved by the judgment, also filed Criminal Revision praying that the accused Raj Narain be convicted under section 302 IPC instead of section 304 (I) IPC and his sentence be enhanced and that the co-accused Smt. Sonkali be also convicted. The cri. rjr. rj revision as against Raj Narain was admitted vide order dated 21. 10. 1981, whereas, it was summarily rejected as far as acquittal of Sonkali was concerned.
(2.)THE facts of the case are that Nag eshwar Prasad s/o Ram Abhilakh, r/o vil lage Taranpur Majre, P. S. Kurwar, lodged the written-report (Ext. Ka-1) at police station Kurwar on 22. 4. 1981 at 5. 15 p. m. alleg ing that there was some dispute regarding the land in front of his house and that of the accused (his cousin and next-door neighbour ). On 22. 4. 1981 at about 3. 00 p. m. , the accused started putting mud in front of the door of the informant. At that time, the informant was not present in the house and his wife Smt. Chinta Devi ob jected to the act of Raj Narain. Smt. Sonkali w/o Raj Narain caught hold Smt. Chinta Devi and Raj Narain gave blows with 'pansa' (blunt side) of the spade. A hue and cry was raised. Mata Prasad, Pyare Teli, Sharda Prasad Pandey, Dwarika Prasad Pandey and others came and intervened and saw the incident. Smt. Chinta Devi re ceived injuries and could not speak.
The information was sent to the informant and when the father of the in formant and others were taking Smt. Chinta Devi to the police-station, the in formant met them in the way and he pre pared the report and lodged the same at the police-station. The distance between village and police-station Kurwar is about 6 kilometres as per the chik-report.

The chik-report (Ext. Ka-3) was prepared by the constable clerk and the case was registered under section 308 IPC in the G. D. at rapid No. 11 at 5. 15 p. m. Copy of G. D. is Ext. Ka-4. Smt. Chinta Devi was referred to District Hospital, Sultanpur and was examined by the Medical Officer on 22. 4. 1981 at 7. 15 p. m. She was brought by constable Chhatrabali Singh. Medical Officer found the following injuries on her person: - 1. Lacerated wound 3 cm. x. 5 cm. x scalp deep over head 75 cm. above the left ear. 2. Lacerated wound 2 cm. x 0. 5 cm. x scalp deep over head 3 cm behind injury No. 1. 3. Lacerated wound 6 cm x 0. 5 cm. x scalp deep over head 10 cm. above the base of nose. 4. Lacerated wound 3 cm x 0. 5 cm x scalp deep over head 1 cm. behind injury No. 3.

(3.)CONTUSION 9 cm x 1 cm over lateral aspect of left upper arm 8 cm above the elbow joint. The patient was unconscious : The gen eral condition was low. Fresh bleeding from injuries on head was present. Injuries were fresh and were caused by some blunt weapon X-ray was advised for the injuries No. 1 to 4 and No. 5 was simple. The medi cal report is Ext Ka-14. 5. Injured Smt. Chinta Devi suc cumbed to her injuries in the hospital at 7. 40 p. m the same day and a memo (Ext. Ka-15) was sent to the police-station on the basis of which the case was converted to section 304 IPC.
The Sub-Inspector Banwari Lal Pathak started investigation in the case. He interrogated the witnesses. He inspected the place of occurrence and prepared Fard of spade (Ext. Ka-5 ). He took bloodstained and plain earth and sealed them in separate containers and prepared the Fard (Ext. Ka-6 ). He inspected the place of occurrence and prepared the site-plan (Ext. Ka-7 ). The Investigating Officer also prepared the in quest report (Ext. Ka.-9), Naksha-nash (Ext. Ka-10), form 13 (Ext. Ka-11) letter to Civil Surgeon (Ext. Ka- 12) and sample seal Ext. Ka-13. The dead body was sealed and was sent for post-mortem examination.