S. I. Jafri, J. - (1.) INSTANT appeal has been filed by Naresh, Baleshwar, Siya Ram and Bishambhar impugning hereby their conviction and sentences recorded by Sri D. C. Srivastava, II Additional Sessions Judge, Muzaffarnagar vide his order and judgment dated 2-1-1979.
(2.) NARESH and Baleshwar appellants were convicted under section 302/34 IPC and they were sentenced to undergo life imprisonment. They were also convicted under section 325/34 IPC and sentenced to undergo R.I. for two years. Sia Ram and Baleshwar were convicted under section 302/34 IPC and sentenced to suffer two years' R.I. They were also convicted under section 325/34 and 342/34 and 201/34 IPC and sentenced to undergo R.I. for two years, six months and three months respectively. The occurrence in the instant case had taken place on 21-1-1978 at 12 noon in which one Jai Nand lost his life and another person Kishan Lal PW 1 sustained injuries. The events which bear with the occurrence in the instant case are that the deceased Jai Nand and Kishan Lal are brothers of appellant Bishambar & Siaram and the remaining appellants are the nephews of the deceased Jai Nand and injured Kishan Lal. The incident had taken place in the jungle of village Phalauda where the complainant's side and appellants had undivided agricultural holdings The father of Bishambar appellant Jai Nand deceased and Kishan lal injured had pre-deceased the occurrence in the instant case. Parmanand deceased father of Jai Chand (deceased) and Kishan Lal had left behind 40 Bighas of land situate in village Phalauda and in the wake of the death of Parmanand, Jai Nand (deceased) had applied for mutation of his name over the properties left by his father. Bishambhar accused contested the mutation proceedings and ultimately, the names of the sons of Bishambhar accused were mutated in the revenue records over the said property left behind by Parmanand (deceased). Against that mutation, Jai Nand (deceased) obtained stay orders from the Sub Divisional Officer restraining the accused persons from harvesting the crop standing in the plots in dispute. According to the prosecution case, the accused persons defied the reetraint orders and harvested the crop upon which on a report, proceedings against Bishambhar and others were initiated and it was in the context of that very proceedings that Jai Nand and Kishan Lal had gone to the court of S.D.O. on 20-1-1978 which was the date fixed in the case. After attending the court on 20-1-1978 both Jai Nand and Kishan Lal sheered off to village Phalauda and stayed with one Bhagat and Elam Chand. It is worthwhile to mention that two years prior to the instant occurrence, Kishan Lal injured had migrated to village Dhola Chaura in Saharanpur while deceased Jai Nand had shifted to village Sarurpur and they used to come over to village Phalauda quite often owing to agricultural holdings. It is also useful to mention here that Kishan Lal injured had agricultural holdings measuring 1 Bigha 18 Biswa at village Beeja Haidi. He had also purchased some land in the name of the sons of Bishambhar at the said village. To resume the narration of the prosecution case, on 22-1- 1978, when Kishan Lal and Jai Nand went to iheir Chaks at Bheeja Haidi in order to harvest the sugarcane crop and set to the harvesting of sugar cane crop, Sia Ram, Naresh, Baleshwar and Bishambhar arrived at the scene at about 12 o' clock, Baleshwar was armed with Palkati, Naresh had lathi, Sia Ram was possessed of Sariya shod with bolt. Sia Ram questioned the propriety of harvesting Sugar Cane crop by Kishan Lal and Jai Chand. Meanwhile Bishambhar emerged from the sugar cane field and exhorted to teach a lesson to them. On being exhorted by Bishambhar, all the accused persons, namely, Sia Ram, Naresh and Baleshwar began to belabour Kishan Lal and Jai Nand and they dragged Kishan Lal and Jai Nand to the field of Bishesh- war. On hue and cry raised by Kishan Lal, Bisheshwar, Tej Pal and Ram Swamp were attracted to the scene and they witnessed the occurrence. The witnesses tried to intervene in order to save them but they were cautioned against meddling into the occurrence. Both the victim were also belaboured in the field of Bisheshwar. Jai Nand breathed his last in the field of Bisheshwar. Excepting Sia Ram who stayed behind for watch over the two victims, the remaining accused persons walked away from the scene of occurrence. The prosecution case further is that after a lapse of 3-4 hours, Bishambhar accused in the company of Mahavir and Baleswar again turned up at the scene along with a Buggi (bullock cart) and took both the victims on the aforesaid Buggi to the house of Sia Ram accused situate in village Phalauda. Both the victims were confined in a room in the house of Sia Ram accused. During the course of his confinement in the room at the house of Sia Ram accused, Kishan Lal injured had a talk with Durga Prasad of his village. It was at 6 P.M. that police raided the said house of accused Sia Ram and redeemed Kishan Lal injured and also recovered the corpse of Jai Nand from the aforesaid room. The Police prepared a recovery memo and obtained signatures of injured Kishan Lal and witnesses over the Fard which was marked Ex. Ka 1. Later on Police sent injured Kishan Lal for medical examination but he could not be medically examined owing to the strike of the Doctors and it could be done 3-4 days. The Police sent the dead body of Jai Nand for post mortem examination. It is worthwhile to mention that the police lumbered into action on the information of Durga Prasad of the same village who had a talk with Kishan Lal Injured when Kishan Lal had been kept confined in a room at the house of accused Sia Ram. On the basis of the said information provided on telephone, the Police of P. S. Purkazi prepared a chik report and registered the case u/Sec. 302/342 IPC against the accused persons Naresh. Baleshwar and Sia Ram. Jagir Singh, S.I. who was present at the Police Station at the time the information was received at the Police Station, rushed to the scene of occurrence and recovered the victims from a room of the house of Sia Ram. Accused Bishambhar and Sia Ram were taken into custody. At the time the recovery was made, the room was chained from outside. The investigating officer after recovery of the victims sent the injured for medical examination and the dead body of deceased Jai Nand was sent for post mortem examination. He prepared a site plan Ex. Ka 13 of the house from where the dead body had been recovered. Thereafter he went to the place of Marpeet along with the witnesses. He collected blood stained and unstained earth from the field of Bisheshwar. He also inspected the sugarcane field of Kishan Lal where the victims had been belaboured, and prepared site plans of both the places which was marked as Ex. Ka 15.
(3.) AFTER concluding the investigation, the Investigation officer submitted charge-sheet against all the four accused persons. Autopsy on the dead body of Jai Nand deceased was conducted on 24-1-1978 at about 1 P.M. by Dr. N. D. Bahuguna PW 9 and he found the following ante-mortem injuries on the person of Jai Nand. 1. Lacerated wound 2,1/4" x 1/2" x bone deep on right side head 3,1/2" above right ear-direction transverse. 2. Lacerated wound 2" x 1/2" x scalp deep on left side head 4" above left ear direction transverse. 3. Contusion 1" x 1/2" over upper eye lid right eye. 4. Lacerated wound 1/2" x 1/4 x muscle deep on back on outer part right elbow joint. 5.Contusion 3,1/2" x 1,1/2" on dorsum and back of right hand and swelling on whole hand and fingers. 6.Contusion 4" x 3" on back of lower 3rd left forearm and simple fracture of left radius and ulna lower third. 7.Abrasion 3/4" x 1/2" on front and lower 3rd right leg. 8.Lacerated wound 3/4" x 1/4" x muscle deep on dorsum, middle and outer part right foot. 9.Contusion 6" x 3" on lower 3rd and outer part left leg. 10.Contusion 4" x 2" on inner part left ankle joint. 11.Contusion 4" x 2" on back of chest right side scapular region.;