death of the
deceased on account of alleged prosecution case of beating given by
the four accused persons. The deceased being drunk at the time ... body of deceased as per post-
mortem report and cause of his death is drowning when deceased
was drunk?
It is to note is that
deceased, length and width of the
matchet etc. An attempt was made to elicit through this
witness PW.3 that, the deceased had got drunk ... suggestion that,
on the day of the incident, the deceased was drunk at a
party attended by him. This witness is found to have
admitted
accused deposed that on the relevant
day the deceased was drunk and he was abusing the accused with filthy
languages and then he returned ... found which corroborates the version of the
accused/appellant that the deceased was drunk at that point of time. This
fact was never mentioned either
accused deposed that on the relevant
day the deceased was drunk and he was abusing the accused with filthy
languages and then he returned ... found which corroborates the version of the
accused/appellant that the deceased was drunk at that point of time. This
fact was never mentioned either
also proved by examining PW10 Surekha, very wife of
deceased and PW15 Purushottam. Deceased was taken by the appellant to the
tea stall of PW18 ... each other, at the tea stall of PW18 Walmik, after getting drunk, deceased
abused appellant in filthy language, which angered him and he assaulted
deceased
assistance; the injuries inflicted on the deceased
cannot be said to be excessive as (a) the deceased was drunk
powerful and if allowed ... death for the accused."
20. In the present case, the deceased was drunk. He had started
uprooting the tin sheets of the Dhara
deceased. In the morning, the dead body
was recovered. PW2 Deepak Chand and PW3 Deepak
Kumar Gupta have categorically deposed that the deceased
was drunk ... that the deceased
was not able to walk. They have supported him to reach the
shop. In case, the deceased was drunk, the traces
accused Heera Devi and the
deceased standing at the door of their house and the deceased drunk. The
accused Heera Devi told him that ... regarding the accused
Heera Devi crying., the crowd gathered, and the deceased being drunk. He
also denied seeing any broken TV taken into possession
hand. While PW1/Bimla Devi was uncertain about the deceased being
drunk at the time of incident, but PW2/Pinki has admitted that ... deceased
was drunk. The deceased was in the habit of drinking and creating nuisance
in the locality as has been admitted by both
that as per the evidence of PW1, he and the
deceased were not drunk, however, the Chemical Analysis Report
falsifies the case ... that he was aware from the
Viscera Report that the deceased was drunk at the time of
occurrence.
17. PW9 is the Scientific Officer
