HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL No. - 2505 of 1987 Court No. - 44 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned A.G.A. for the appellant-State and Shri Khurshed Alam, learned counsel for the respondents. 2. The present Government appeal has been filed against the judgment and order dated 09.06.1987 passed by Shri Raghunath Prasad, the learned II Additional Sessions Judge, Deoria in S.T. No. 85 of 1986, State Vs. Kasim, Sahab and Salim. By that order, learned court below has acquitted the accused persons for the offence alleged under Section 302/34 I.P.C., registered at Police Station-Madanpur, District-Deoria. Report exists on record to indicate that the accused Kasim and Sahab are dead. 3. At the outset, it may be noted, against the FIR (Ex.Ka.1 at the trial) lodged on 15.05.1985, it was alleged, the fatal injuries suffered by the deceased had been caused by the accused Kasim, whereas accused Sahab and Salim had hit the deceased with their fists and kicks. After the occurrence, the injured (later deceased), namely, Mohd. Shaban, was examined by Dr. V.K. Agrawal (P.W.-3) on 15.05.1985 at 10:30 p.m. In that report, he had noted the following injuries: "1. Lecarated wound of 9.0 cm x 0.5 cm x scalp bone deep on right parietal region, 14.0 cm above the right ear. 2. Contused swelling of 5.0 cm x 2.5 cm on left frontal region. 9.0 cm above the left eye brow. 3. Contusion of 9.5 cm x 1.5 cm on back of left side chest on scapular bone." 4. The Injury Report is Ex.Ka.3 at the trial. The fact witness Mohd. Iliyas Versus Counsel for Appellant(s) : A.G.A. Counsel for Respondent(s) : Khurshed Alam State of U.P. .....Appellant(s) Kasim And Others .....Respondent(s) also proved, the ‘lathi’ blow was caused by the accused, Kasim. Further, Dr. V.K. Agrawal (P.W.-3) proved, the death was caused by a single fatal injury to the skull, whereas Injury Nos. 2 and 3 were simple in nature. 5. Upon due consideration, the learned court below has reached the conclusion that there existed sufficient reasonable doubt regarding the manner in which Injury Nos. 2 and 3 may have been suffered by the deceased. These being simple/contusion injuries, they may have been suffered as the deceased fell while trying to flee after being assaulted by the accused Kasim, who had landed a ‘lathi’ blow on the head of the deceased. 6. As to the fact witness Mohd. Iliyas (P.W.-1), he maintained, a ‘lathi’ blow was caused by the accused Kasim, while the other accused persons hit the deceased with fists and kicks. Whatever may have been the fate of the accused Kasim, clearly his appeal has abated. 7. Insofar as the sole surviving accused Sahad is concerned, in view of the nature of the evidence led at trial and the consideration offered by the learned court below, we are unable to conclude that the learned court below erred in reading the evidence or that the order passed in perverse as may warrant interference in this Government Appeal, at this late stage. 8. Accordingly, the present Government Appeal is dismissed. September 18, 2025 Anurag/- GOVA No. 2505 of 1987 2 (Tej Pratap Tiwari,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad