M.C.Jain, J. - (1.) This appeal was preferred by four appellants, namely Shri Krishna, Siya Ram, Ram Bilas and Suraj Ram against the judgment and order dated 24-4-1980 passed by Sri Sachhidanand, the then Sessions Judge, Farrukhabad in Sessions Trial No. 373 of 1979, convicting each of them under Section 302 Indian Penal Code read with Section 34 Indian Penal Code Each of them has been sentenced to life imprisonment for the said offence. Out of the four appellants, Shri Krishna and Suraj Ram died during the pendency of the appeal as per report of the Chief Judicial Magistrate, Farrukhabad. Therefore, the appeal abates in respect of them. Presently, we are concerned only with the remaining two appellants, namely, Siya Ram and Ram Bilas.
(2.) Salient features of the prosecution case may be set forth. The incident took place on 16-8-79 at about 6 a.m. in village Bhiraur, Police Station Mau Darwaza, District Farrukhabad. The first information report was lodged by an eye witness, namely, Bhoomi Raj, PW 1 (brother of the deceased) on 16-8-79 at 9.20 a. m. The distance of the police station from the place of occurrence was 5 miles. The deceased was Radhey Shyam. On the fateful day and time, the deceased was going with plough to his field. He was being followed by the informant Bhoomi Raj PW 1 who too was carrying a plough. There was a stream in the way which was to be crossed to reach the field. When the deceased Radhey Shyam entered the stream, the accused came out from the sugarcane and Dhencha field wherein they had hidden themselves. Shri Krishna, Siya Ram and Ram Bilas were armed with spears whereas Suraj Ram had a lathi. All of them started assaulting Radhey Shyam with their weapons in the stream itself. The informant Bhoomi Raj PW 1 raised shouts which attracted Daroga, Raja Ram and Jagannath who were also going with their ploughs to their fields. Chet Ram and Ankush who were going to take bath were also attracted to the scene. All of them challenged the accused, but they dragged Radhey Shyam from the stream to the nearby field of Balak Ram and assaulted him there too. Radhey Shyam died then and there and accused ran away towards the western side. There was said to be a previous background in that the accused had assaulted Bhoomi Raj PW 1 two years back. In retaliation, Radhey Shyam had assaulted the father of the accused. It was because of this enmity that Radhey Shyam was murdered in the present incident. On the lodging of the F.I.R., a case was registered. The investigation followed where after all the four accused were booked and tried. The trial ultimately culminated into the judgment and order under challenge in this appeal.
(3.) The post-mortem over the dead body of Radhey Shyam was conducted on 17-8-79 at 11.30 A.M. by Dr. Harendra Pratap PW 3. The deceased was about 35 years of age. Nearly 11/2 day had passed since he died. The following ante-mortem injuries were found on his person : 1. Incised wound on nose upper part 1/4" x 1/4" x 2/10", bone cut. 2. Incised wound right side forehead 1/2" above eye brow 1/2" x 1/4" x 1/4", bone cut. 3. Incised wound 2" x 1" x scalp deep 2" above right ear. 4. Incised wound 11/2" x 1/2" x 1/4", 1" out to injury No. 3. 5. Incised wound 3" x 1/2" scalp deep, behind injury No. 3. 6. Incised wound 2" x 1/2" x scalp deep, left side occipital region. 7. Incised wound 11/2" x 1/2" x left parietal bone deep, bone cut, 2" x out to injury No. 6. 8. Incised wound right side neck 1/2" x 2/10" x skin deep. 9. Penetrating wound 1" x 1/2" x abdominal cavity deep in epigastrium just on right side, liver cut. 10. Penetrating wound right 8th I/c space in mid clavicle line 1/2" x 1/4" x 1, liver cut. 11. Incised wound 1/4" x 2/10" right arm back middle. 12. Incised wound right side chest 1/4" x 1/4" x 1/4", 2" above and medially at 1O'Clock position. 13. Penetrating wound 1/2" x 1/4" x 1" deep right scapular region, right scapula cut. 14. Penetrating wound right penal angle 1" x 1/2" x 1". 15. Penetrating wound 3rd lumber space 1/2" x 1/4" x 1/2", 3rd lumber bone cut. 16. Penetrating wound left hip, upper back 1" x 1/4" x 1".;