Palok Basu, J. - (1.) THIS appeal has been filed by Ram Autar and Sheo Shanker against their conviction and sentence as recorded by VIII Additional District and Sessions Judge, Allahabad on 25-11-1978 in Sessions Trial No. 84 of 1977.
(2.) SHEO Shanker appellant has been found guilty of the charge under section 302 IPC and Section 323 IPC for causing the death of SHEO Kumar and causing simple injuries to Lalji, PW 2. Ram Autar appellant has been convicted under section 302 read with Section 34 IPC and Section 323 read with section 34 IPC. Both the appellants have been awarded imprisonment for life and four months' RI respectively under the two counts. The charge against the appellants was that on 14-12-1976 at about 4 P. M. when Sheo Kumar deceased was getting a fallen 'Mahua' tree cut, the two appellants reached there, asked him not to do so and wanted their shares at which the deceased refused and an altercation ensued whereupon Sheo Shanker appellant gave one lathi blow landing on the head of Sheo Kumar and when Lalji PW 2 attempted to save Sheo Kumar, the appellant Sheo Shanker gave one lathi butt blow while Ram Autar appellant had caught hold of Lalji. At the hue and cry, Ram Newaj PW 3 and Ragghu Kurmi and others arrived at the spot. Sheo Kumar had fallen down as a result of lathi injury who was escorted to his house but succumbed to his injuries near about mid night. A first information report (Ext Ka-2) was lodged on 15-12-1976 at 8.15 A M. vide a chik report (Ext. Ka 3). Post Mortem Examination on the dead body of Sheo Kumar was done on 16-12-1976 at 2 P. M. by Dr. A. B. Das Gupta, PW 1 who found the following ante mortem injuries on the person of the deceased :- 1. "Contused wound 8 cm x 1 cm x skull bone deep on the head longitudinally 9 cm above the bridge of the nose and 13 cm above the left ear. With swelling 12 cm x 8 cm in and around of communicated depressed fracture of the temporal bone with linear fracture of the both parietal and temporal bone covered with blood clot 13 cm x 10 cm x 1-1/2 cm (in the centre), under the injury No. 1". On internal examination a rupture was found and clotted blood over the brain was also noticed. Doctor opined in the said report that 'death is due to coma owing to compression of the brain as a result of injury no. 1 on the head.'
(3.) RAJA Ram, Sub-Inspector, who has been examined as PW 7, investigated the case and filed charge-sheet (Exf. Ka-14). After due enquiry the appellants were committed to the court of Sessions whereafter the aforesaid conviction and sentence, therefore, was passed, hence this appeal. In order to prove its case the prosecution has examined two eye witnesses- i. e. Lalji informant PW 2 and Ram Newaj-PW 3. The other witnesses examined are formal in nature who are PW 1 Dr. A. B. Das Gupta who conducted the post mortem examination, PW 5 Dr. L. L. Patel had examined the injuries of Lalji, Head Constable Raj Narain Dubey-PW 4 had registered the case at the police station and Gulab Singh PW 6 is a witness of the recovery of blood from the spot.;