- (1.) PALOK Basu, J. Sukhdeo, Lalloo Singh and Badkoo Singh have filed this appeal against their conviction under Section 3u2/34 I. P. C. and sentence of imprisonment for life awarded to them by the Additional Sessions Judge, Harairpur, vide his judgment and order dated 23-11-1978 in Sessions Trial No. 214 of 1977.
(2.) THE charge against the three accused was that on 13-6-77 all of them in furtherance of their common intention committed the murder of Sukha Singh son of Sunder Singh of village Sayar, Police Station Benwar, district Hamirpur. The case for the prosecution was that Lalloo Singh and Badkoo Singh, who are brothers, and Shukhdeo Singh formed a party and there was an altercation concerning the children's playing on the preceding day and the accused had threatend the deceased that they would kill him because of his intervention in the said quarrel. On 13th June, 1977, around 8 a. m the deceased along with his son Dig Vijay Singh, who alleges himself to be the informant also, were going to village Muskara. When they were close to the varandah of one Vishwa Bhushau where Sukdeo and Lalloo were sitting and Badkoo accused was sitting in the varandah of Jagram Singh which was too close, as soon as Sukha Singh deceased reached that place Sukhdeo Singh struck him with a lathi on his head. Lalloo Singh fired two shots from his country-trade pistol as a result of which Sukha Singh fell down on which Badkoo Singh struck spear injuries. On a hue and cry being raised, Badri Prasad (P. W. 2) and his father-in-law S. N. Gupta (P. W. 4) reached the place of occurrence. Seeing them, the accused ran away. The case for the prosecution further is that the informant Dig Vijay Singh (P. W. 1) took his father to Maudaha Hospital and got him admitted at about 9-10 a. m. His Medical examination was done at the hospital by Dr. Shyam Mohan Krishna (P. W. 10), the then Medical Officer at Maudaha Hospital, on 13-6- 1967 at 10 a. m. He found the following injuries : - (1) Lacerated wound 5-1/2 cm. x 1 cm. x muscle deep, placed vertically, a left side of parietal region of scalp about 11 cm. about the left ear. Margins were crushed and jagged. Profuse bleeding present: swelling and tenderness were present. (2) Firearm wound 4 cm x 4 cm with multiple holes in the area placed on back, left near the lumber region about 16 cm. away from the anterior superior iliac spine of left side and 1 cm. lateral to mid-line on left side. It was cavity deep. Blackening and tattooing were present. Fresh and profuse bleeding was present. (3) Wound of entry - four pellet wounds placed on area of about 8 cm. X 6 cm. placed in left side illiac fossa and upper part in lumber region. No blackening and tattooing. Pellets were cavity deep. Wounds were about 1/2 cm. x 1/2 cm. (4) Two pellet wounds 1/2 cm, x 1/2 cm. placed in supra pelvic region. No blackening : wounds are muscle deep. Retention of urine was present. (5) Penetrating wound 1-1/2 cm. bone deep, placed on posterior aspect of left leg upper part. Margins clear cut and well detiued. (6) Penetrating wound Ix cm x 1/2 cm. x bone deep, placed just below the left knee on anterior aspect of left leg, upper part. (7) Penetrating wound I cm. x 1/2 cm. x bone deep, placed on ruedial side of left patella. Margins were clear-cut and well defined.
(3.) THE doctor had found the patient was in severe shock and his pulse was not palpable ; blood pressure was also not recordable. THE patient was perspiring excessively. Looking at the serious condition, the Medical Officer referred the matter to the District Hospital, Hamirpur. The further case of the prosecution is that in the Maudaha Hospital the dying declaration of Sukha deceased was recorded by Mani Ram Singh (P. W. 7) who was the then Tahsildar-Magistrate. Translated into English the said dying-declaration will read as under : - "the Police Station of my village is Benwar. Today around 9 a. m. I was going to Muskara, I had proceeded about 10-20 lathi from my house when saw Sukhdeo Ahir and Lalloo Thakur and Badkoo Thakur, sons of Jagannath, I was hit with a lathi by Sukhdeo, Lalloo fired country-made pistol and Badkoo beat me with barchhi (a type of spear ). Two firings from the country-made pistol were resorted to. On being hit by the firearm-shots i fell down. ";