J.C.GUPTA,J. - (1.) BY means of this ap ­peal and judgment dated 27.10.1980 passed by the then Session Judge, Banda in Session Trial No. 43 of 1980 has been chal ­lenged whereby appellant No. 1 Badalua has been convicted and sentenced to im ­prisonment for life under Section 302, and to six months R.I. under Section 323, LEG read with Section 34,1.P.C. while appellant No. 2 Anganua has been convicted under Section 323, I.P.C. read with Section 34,1.P.C. and sentenced to six months R.I. Chhota accused who also sentenced to six months R.I. under Section 323, I.P.C. read with Section 34, I.P.C. has not preferred any appeal, while Smt. Sukhdeiya mother of Badalua appellant has been given benefit of doubt and ac ­cordingly acquitted.
(2.) THE prosecution case in brief is that on 6.3.78 at about 4 p.m. Prem Chandra P. W. 5, son of deceased Jag Mohan, went to see his field wherein gram crop was stand ­ing. At about 6 p.m. when he was returning home, he noticed that Badalua appellant No. 1 was uprooting plants of gram from his field. He protested but Badalua con ­tinued his mission and took away a bundle of uprooted crop. Prem Chandra gave in ­formation of this incident to his father Jag Mohan. Thereafter, Jag Mohan and Prem Chandra went to the house of Badalua. Chunkai and Jagdco followed them Badalua was not found in his house but was found present in a nearby grave -yard. He was having a 'barchi' with him. When Jag Mohan asked Badalua why he had uprooted his gram crop, Badalua started assaulting Jag Mohan with 'barchi'. In the mean time Chunkai and Jagdeo also ar ­rived there. On a call given by Badalua the other three accused Anganua, Chhota and Smt. Sukhdeiya also came there. Anganua and Chhota accused were armed with lathi while Smt. Sukhdeiya possessed an axe. These three accused assaulted Chunkai with their respective weapons. Jugdeo was also assaulted by Anganua and Chhota with lathi. Jag Mohan met an instantaeous death. Brij Bhushan and number of vil ­lagers were attracted to the scence of oc ­currence. Seeing them arriving accused persons ran away. Dead body of Jag Mohan was then removed to the house and since Jagdeo had also become unconscious, he too was brought to its residence. On the next morning injured Chunkai P.W. 4 wrote down First Information Report Ex. Ka -2 and the same was sent to police sta ­tion Marka through village Chaukidar Imami. Prem Chandra P.W. 5 also accom ­panied Imami Chaukidar. Injuries of Chunkai P.W. 4 were examined by Dr. A. Nagaich, Medical Of ­ficer, Baberu Primary Health Centre on 8 -3 -78 at 1.30 a.m. and following injuries were found: (1) Incised wound 4.5 cm. x 1 cm. x scalp deep on the right side skull, 6cm. above the right eye -brow and 3 cm. away from the midline. (2) Abrasion 2.5 cm. x 1 cm. on the left side of skull, 11 cm. from left eye -brow and 1 cm. away from the midline. (3) Contusion 18 cm. x 10 cm. on the posterior part of left shoulder and left upper arm, 15 cm. above left elbow joint. (4) Abrasion 4 cm. x 1/2 cm. on the back of right hand, 6 cm. below right wrist. (5) Contusion 4 cm. x 2 cm. on the front of left thigh, 17 cm. above the left knee. (6) Contusion (Traumatic Swelling) over the left foot extending from the ankle joint upto the toes. (7) Contusion 18 cm. x 5 cm. over the front of right leg, 5 cm. above the right ankle. (8) Contusion 8 cm. x 2.5 cm. on the back of right side, 10 cm. away from the vertebral column, 2 cm. below the top of the right shoulder. (9) Contusion 15 cm. x 7 cm. on the lower part of back right side, 20 cm. below injury No. 8. Injuries No. 1, 6 and 7 were kept under observation and referred to District Banda for X -ray of skull, right and left legs and foot. In ­juries No. 2,3,4,5,8 and 9 were simple. Injury No. 1 was caused by sharp edged weapon and all other injuries were of blunt weapon. Duration was within two days. Injury report of Chunkai is Ex.Ka -12.
(3.) THE same doctor also examined injuries of Jagdeo on 8.3.78 at 2.30 a.m. and found following injuries: (1) Contusion (Traumatic Swelling) 5 cm. x 2 cm. on the posterior part of the skull in midline. 25 cm. away from the bridge of the nose. (2) Abraided contusion 6 cm. x 4 cm. on the front of right knee cap. (3) Abrasion 3 cm. x 1 cm. on the front of left knee cap. (4) Contusion with blackening around left eye extending from upper eye - lid upto 4 cm. from the lower eye -lid. (5) Contusion 4.5 cm. x 3 cm. on the left side of the chest upper part, 5 cm. from the left shoulder. (6) Contusion 11 cm. x 3.5 cm. on the left side of the chest extending from the top of the shoulder upto 4 cm. below the left clavicular joint outer side. (7) Contusion 7 cm. x 3 cm. on the back upper part left side 5 cm. away from the left shoulder. ;