N. P. Singh, J. - (1.) The appellant along with Radhey Shyam and Munni Lal, was put on trial for an offence under Section 302 read with Section 34 of the Penal Code, for having committed the murder of Gokaran Prasad on 24-11-1975 at about 5.00 p.m.
(2.) It is the case of the prosecution that the deceased along with his brother, Parbhu Dayal PW-1, on 24-11-1975, had gone to the Court of Tehsildar at Sitapur to attend their case, which had been fixed for hearing. The case was, however, postponed. In the evening they were returning to village. On Sitapur Lucknow Road, at about 5.00 p.m. the three accused persons, all armed with Bankas, emerged from the field of Rani Saheba and ran towards the deceased. PW-1 started shouting for help. The deceased fell down on a brick stack. It is said that the appellant Ram Asrey pressed down the deceased, while Radhey Shyam and Munni Lal gave the blows with Bankas. The occurrence was witnessed by Parbhu Dayal, PW-1, Jagannath, PW-5 AND Narain, PW-6. In respect of the motive for the commission of the offence, it is said that two years prior to the occurrence aforesaid, accused Radhey Shyam had erected a wall in front of the house of the deceased, who resisted and did not allow the wall to be constructed. For that Radhey Shyam was prosecuted and because of that he bore a grudge against the deceased.
(3.) The First Information Report was lodged by PW-1 at about 6.45 P.M., in which he gave the details of the occurrence and named PW-5 and PW-6 as the eye-witnesses of the occurrence. The Investigating Officer visited the spot, made the inquest and sent the body for post mortem, which was held the next day. During post mortem examination, the following injuries were found : "1. Incised wound 7 cms. x 1 cm. X bone deep on the right side of head 6 cms. above the right eye-brow. 2. Lacerated wound 4 cms. x 1.5 cms. x scalp deep in the mid-line of head 6 cms. above the root of nose. 3. Lacerated wound 4 cms. x 1.5 cms. x bone deep on the left side of head 3 cms. above left eye-brow. 4. Lacerated wound 4.5 cms. x 1 cm. x bone deep on the outer part of left eye-brow extending down on the outer side of the outer angle of left eye and below its level. 5. Incised wound 8 cms. x 3 cms. x scalp deep on the back of head on the left side of middle line 5 cms. behind the left ear. 6. Incised wound 11 cms. x 3 cms. x vertebrae bone deep 4 cms. below the right ear and 2.5 cms. below left angle of left lower jaw at the level of the body of third cervical vertebrae, underneath of injury oecsphagus. Thyroid cartilage and neck vessels of both the sides out. 7. Incised wound 2.5 cms. x 5 cm. x muscle deep over the front of 1st Pharyanx region of right thumb. 8. Incised wound 9 cms. x 2 cms. x muscle deep over the Parlmar aspect of left hand starting from the web of left thumb and index finger going inner and upper side towards the wrist.";