- (1.) J. C. Gupta, J. These arc three con nected appeals arising out of the judgment and order dated 19-2-1980 whereby appel lants Mewa Lai and Shyam Lai in Criminal Appeals No. 491 of 1980 have been con victed and sentenced to imprisonment for life under Section 302 I. P. C. and to under go two years R. I. under Section 148 I. P. C. while appellant Prakash and Raj Bahadur in Criminal Appeal No. 341 of 1980 have been convicted and sentenced to life imprisonment under Section 302 read with ection 149 I. P. C. They have further been convicted and sentenced to two years R. I. under Section 147 I. P. C. Since all these appeals relate to and the same incident and arise out of the same judgment, we are disposing of these appeal by this common judgment.
(2.) THE prosecution story as revealed from the F. I. R. , in short, is the deceased Gyan Singh was employed with railway and was working in a gang and he used to reside in one of the huts near Baramasi quarters situated near the Harris Ganj Bridge. Alongwith the deceased Mehndi Hassan, P. W. 3, Daya Shankar, Amar Nath, P. W. 5, Farrukh and Yaman and all the accused also used to work in the same gang. It is said that on 4-2-79 at about 8 in the morning same quarrel took place be tween the deceased and Mewa Lal- appel lant in the workshop at the time of taking altendance on account of same money transaction. THEreupon Mewa Lal brother accused Shyam Lai threatened Gyan Singh with dire consequences. It is alleged that on 6-2-79 at about 7 p. m. all the four appellants Mewa Lai, Shyam Lai, Bahadur alias Raj Bahadur and Prakash alongwith four unknown persons am bushed Gyan Singh and started assaulting him. Accused Mewa Lai assaulting him with knife while their companions used saria and danda. Gyan Singh fell down on the ground. On the alarm raised by Man Singh, P. W. 2brother of Gyan Singh, P. W. 5 Amar Nath, Pooran, Farrukh and Yaman were attracted to the scene of occurrence and they witnessed the incident in electric light. Since Gyan Singh has sustained serious injuries, he was removed to Rail way Hospital by P. W. 2 Man Singh with the help of persons present there. Dr. K. N. Bnattacharya P. W. 4 medically examined him at 7. 45 p. m. and found the following injuries on his person. 1. Stab wound 3. 5 cm. x 1 cm. x abdominal cavity deep over ihc upper side or abdomen 4 cm. below of zyphoid process of sternum. 2. Stab wound 4 cm. x 1/4" x abdominal cavity deep over the right side of abdomen 21 cm. below right nipple. Three incised wounds in the area of 21/2 cm. x 11/2 cm. over the medical side of middle finger of right 'hand (palm aspect) each wound was 1. 2 cm. x 110 cm. xskin deep. Incised wound 2. 5 cm. x 1/4 cm. x 1. 4 cm. deep on the lateral side of right eye-brow. 3. The injuries were fresh in duration. Injury report of Gyan Singh is Ex. Ka 5 Gyan Singh was then immediately removed to U. H. M. Hospital in Railway Ambulance where he was declared dead. 4. Man Singh lodged written report FA. Ka 4 at police station cantt. On the same evening at 9. 15 p. m. Head Constable Krishna Kant P. W. 1 prepared check report Ex. Ka 1 and registered the case in the General Diary at Serial No. 51, copy of which has been proved as Ex. Ka 2, S. S. I. Ram Swarup Singh as present at the police station when the case registered. He recorded the statement of Man Singh at the police station arid then proceeded to the place of occurrence and prepared site plan Ex. Ka 18. He also collected blood stained and plain earth from the scene of occurrence and prepared memo Ex. Ka-19. After receipt of "jildpanchayatnama", he conducted inquest and after preparing necessary papers, dead body of Cyan Singh deceased was sent for post-mortem ex amination. On the same day he recorded the statements of witnesses Mehndi Has san, and Amar Nath and arrested accused Bahadur. After collecting necessary evidence all the appellants were charge sheeted through charge sheet Ex. Ka. 20.
(3.) DR. S. N. Pandey, P. W. 6 conducted post-mortem examination on the dead body of Gyan Singh on 7-2- 79 at 3 p. m. The following ante-mortem injuries were found: 1. Stab wound 3. 1/2 cm. x 1 cm. x ab dominal cavity deep over the left side of ab domen 4 cm. below zyphoid process of sternum. 2. Stab wound 4 cm. x 1/4" x abdominal cavity deep over the right side of abdomen 21 cm. below right nipple. 3. Three incised wounds in an area of 21/2 cm. 11/2 cm. over the medical side of middle finger of right hand (palms aspect) each wound l/2"cm. x 110 cm. x skin deep. 4. Incised wound 31/2 cm. l/4cm. x skin of right eye brow margins smooth and skin deep over lateral side, clean cut tailing downwards. In the internal examination peritoneum was found stabbed under neath injury Nos. 1 and 2. Stomach was also found stabbed under injury No. 1 the abdominal cavity continued about one litre of blood. A cut wound of the size of 4 cm. x 1. 5 in the liver tissue was also found. In the opinion of the doctor death due to shock and harmorrhage as a result of stab injuries. The post- mortem report has been proved as Ex. Ka. 17. In his statement before the Court Dr. Pandey opined that the ante-mortem injuries were possibly caused by knife and the injuries were suffi cient in ordinary course of nature to cause the death of deceased.;