- (1.) This appeal filed against the judgment dated 7-7-1998 of a Division Bench of the Allahabad High Court in Criminal Appeal No. 880 of 198O (reported in 1999 Cri LJ 3009) by the second accused (Accused Nos. 1 and 3 having died during the pendency of the appeal in the High Court) relates to an occurrence on 9-1-1979 at about 4 p.m. in Mashika village resulting in the death of one Ram Chandra. The learned Additional Sessions Judge found all the three accused guilty of the charge against them punishable under Section 302 read with Section 34, IPC, and sentenced them to undergo imprisonment for life. All the three accused pursued the matter -before the High Court on appeal and, as noticed earlier, the appellants 1 and 3 before the High Court died during the pendency of the appeal and the appeal was heard and disposed of confirming the judgment of the learned Sessions Judge.
(2.) The case of the prosecution is that on 9-1-1979 at about 4 p. m. when the deceased Ram Chandra along with Ram Lalak (PW 1), Krishna Murart (P.W. 2) and Rajmani were sitting on a cot in front of the shop of one Chhotey Lal Baniasituate in village Mashika, all the three accused Jata Shanker, Gopi Nath (the appellant herein) and Shyam Shanker came there and Jata Shanker and Gopi Nath were armed with Farsas while Shyam Shanker was armed with Lathi. All the accused were said to have exhorted to kill the deceased and on hearing the exhortation of the accused, Ram Chandra tried to run away getting up from the cot on which he was sitting, but Jata Shanker and Gopi Nath attacked the deceased with the Farsas they held. On receiving the injuries, the deceased fell down and even thereafter Jata Shanker again assaulted the deceased with the Farsas on the right parietal region. Shyam Shanker, the other accused, was said to have remained standing on guard by the side of the two assailants shouting that if anybody dare to come, he too shall be killed. P.W. 1, P.W,. 2 and Raj Narayan were said to have raised an alarm and attracted other persons and at that stage all the three accused persons ran away. Krishna Murari (P.W. 2), Ram Sanjivan, Mishri Lal and Raj Narayan were said to have taken the injured to Swaroop Rani Nehru Hospital, Allahabad, where he was stated to have been examined by Dr. R. P. Singh (P.W.4) at 6.30 p.m. when the following injuries were found on the person of the deceased :- 1. Incised wound on the right side of face 6" x 1" bone deep extending from lobule of right ear to mid of chin, fresh bleeding present. 2. Incised wound on the right parietal region 2" x 1/2" bone deep 5" above the right ear fresh bleeding present. 3. Incised wound on the right side of neck 1" x (r)" muscle deep, fresh bleeding present 5 x (r)" below the right ear.
(3.) The victim was unconscious and though was kept under observation, died at about 6.55 p.m. in the Hospital.;