- (1.) U. K. Varma, J. Sri Ranbir Singh, II Additional Sessions Judge, Deoria by his judgment and order dated 28-11-87 had convicted Narain, Gopi and Dulary under Sections 302 and 307 read with Section 34 of the Indian Penal Code and sentenced each of them to death on the first count and to seven years rigorous imprisonment on the second with both the sentences running concur rently. He had also made a reference for confirmation of the death sentence awarded by him to the three appellants aforesaid.
(2.) SOME facts which have not been assailed are as hereunder Smt. Gunjeshwari had first been married to Ganesh. A son named Ram Chandra was born to them. Ganesh died thereafter. Gun jeshwari remarried Heera. From this wedlock her sons Narain and Gopi who are two of the three accused were born. Ram Chandra, the son of Gunjeshwari from Ganesh, her first husband, had married Smt. Tijia who gave birth to a daughter named Shanichari. After the death of Ram Chandra, the husband of Shanichari named Janmejai (P. W. 1) and his father Moti Chand (P:w. 3) had been looking after the cultivation of Smt. Tijia from a few years before the incident. Tijia during the consolida tion operations in the village, challenged the sale-deed on the basis of which Narain and Gopi asserted their rights to 12 katahas of land. The Assistant Consolidation Officer did not uphold the sale deed to have been executed by the predecessor-in-interest of Smt. Tijia. Narain and Gopi did not acquiesce in the verdict of the A. C. O. They preferred an appeal before the Consolidation Officer, Padrauna. Janmejai the husband of Smt. Shanichari and her father in law Moti Chand had been looking after the interest of Smt. Tijia who wanted to give her agricultural land to her daugh ter Smt. Shanichari. They were assisted by Behi, the husband of Smt. Prabhawati (P. W. 2) who had his own litigation going on with Dularey the third accused. The prosecution case is that about 5. 30 p. m. on 9-3-86, the three accused Gopi, Narain and Dularey who are the appellants before us started up-rooting the cattle pegs fixed near the cattle troughs of Smt. Tijia and Smt. Shanichari. When the latter objected there on started an altercation. Janmejai and Moti Chand who were nearby in the field wherein they had put up their Khalihan on listening to the hue and cry rushed towards the scene of quarrel. The accused Gopi who was armed with Daon (cutting weapon) on noticing Janmejai-and Gopi Chand, instigated Dularey who had a Pharsa (spade) and Narain who had a Talwar (sword) to kill them all so that there was an end to all the problems between them. The three accused first assaulted Smt. Shani-cbari. As Smt. Prabhawati intervened to save her, they also inflicted injuries on her. They chased and inflicted blows on Smt. Tijia who too had resented the conduct of the accused. When Janmejai and Moti Chand tried to stop the three accused, they made an assault on them also with a view to murder them. In the meantime, Bhulai, Domari, Jokhu and many other persons of the village arrived and the accused fled away towards north. Smt. Shanichari and Smt. Tijia succumbed to their injuries at the spot. The injured Janmejai went to the police station Naurangia situated at a distnace of 3 kms. and lodged the F. I. R. Ex. K. a-1 which he had dictacted to the Head Constable on duty Ram Suchit Yadav (P. W. 7 ). By the G. D. Entry Ex. Ka-7, he registered this case against the accused under Section 307/302 I. P. C. although in the body of the F. I. R. he had not noted that attempt on the life of Smt. Prabhawati, Janmejai and Moti Chand had been made and they also sustained injuries. He had mentioned about the same only in the G. D. and later in the letters Exs. Ka-8, 9 and Ka-10 which he had written to the Medical Officer, Padrauna Ramkola for examining Janmejai, Moti Chand and Smt. Prabhawati. The investigation of the case was taken up by the Station House Officer, Manager Singh (P. W. 8 ). Talked to the informant Janmejai and reached the place of the incident with him on the jeep. At his direction the injured Janmejai, Moti Chand and Smt. Prabhawati were sent for medical examination to the Primary Health Centre, Ramkola. The injury reports of Smt. Prabhawati, Moti Chand and Janmejai are Exs. Ka-4, Ka-5 and Ka-6 on record. Moti Chand had been examined at 10. 25 p. m. on the date of the incident and the following injuries were found on his person : 1. Lacerated wound 2. 5 cm x 0. 5 cm x bone deep just over the right eye brow. Bleeding from the wound. 2. Incised wound 14 cm x 2 cm x bone deep (lower part of right forearm upto the palm bleeding, margins clean cut. 3. Contusion (red) 6 cm x 2 cm over the left side of the neck. Abrasion 3 cm X 1 cm over the left arm.
(3.) INCISED wound 2 cm x 0. 5 cm x 0. 5 cm just over the lateral parts of right eye brow. Incised wound 3cm x 0. 5 cm x5. 0 cm (2 cm below lower eye lid ).;