PALOK BASU, J. - (1.) ANOKEY , Ram Kumar and Ram Swarup sons of Mangal Sen and Sia Ram cousin of appellants 1, 2 and 3 have preferred this appeal against their conviction u/s 302/34, I.P.C. and sentence of imprison­ment for life as awarded to them by the I Additional Sessions Judge, Rampur on 22.1.79 in S.T. No. 200 of 1978.
(2.) THE charge against the appellants was that on 16.6.78 at about 6.00 a.m. in village Adil Nagar, P.S. Milak, District Rampur all the appellants in furtherance of their common intention committed the murder of Sita Ram and thereby committed an offence punishable u/s 302/34 I.P.C. According to .the prosecution case, Sita Ram was going to lake for easing himself with a LOTA in his hand, while brother Reva Ram, informant was going to his sugarcane field close by. From near the lake the four appellants came out, Anokhey and Ram Swarup who were armed with Tabals, Ram Kumar was armed with Sooja and Sia Ram was armed with spear and started beating Sita Ram. The hue and cry was raised, which attracted Fate Ram P.W. 2, Het Ram P.W. 3 and others. The accused ran away threaten­ing the use of Taval against the witnesses should they attempt to proceed to catch them. Sita Ram died then and there. A report was lodged by Reva Ram at Police Station Milak at 9.30 a.m. and a case was duly regis­tered vide G.D. Entry No. Ext. Ka 2 S.I. Brahm Singh, P.W. 6 took up the investigation and recorded the statement of Reva Ram at the police station. He went to the spot, prepared an inquest report, recovered the shoes from the dead body and found a LOTA lying on the spot, blood-stained and simple earth were also taken. Then Fate Ram and Met Ram were also interrogated and he prepared a site-plan. The dead body was forwarded for post-mortem examination, which was conducted by Dr. R.K. Misra, P.W. 5 on .17.6.78, at about 11.15 a.m. who found following ante-mortem injuries on the dead body of Sita Ram: 1. Incised wound 2.3 x 5 cm x bone on right side neck and head, cutting rt. ear, right temporal bone and rt. side jaw bones and muscles and blood vessels. 2. Incised wound 15 cm x 5 cms x bone deep on rt. side neck and front of neck cutting muscles, nerves, blood vessels and vertebral column and spinal cord. Incised wound 2 cms x 1/2 cm x thickness of pinna of left ear in its lower part. 4. Incised wound 2 cm x 1 cm x bone on It. side head, 5 cms behind left ear. 5. Punctured wound 2 cms x 1 1/2 cms 5 cms on It. side neck, 7 cms below left ear. Incised wound 2 cms x 1 cm x 1 cm, on It. side neck, 1/2 cm behind injury No. 5. 7. Punctured wound, 2 cms x 1 cm x 5 cm on It. side, front of neck, 4 cms below left part of lower jaw. 8. Incised wound 3 cms x 1 cm x skin on front of left shoulder. 9. Abrasion 1 cm x 1/2 cm on left side chest, 7 cms above left nipple. 10. Punctured wound 2 cms x 1 cm x abdomi­nal cavity deep on front of abdomen middle part, 13 cms above umbilicus. 11. Incised wound 2 cms x 1 cm x skin or rt. side abdomen, upper part, 10 cms below rt. nipple. 12. Incised wound 2 cms x 1/2 cm x skin on the umbilicus. 13. Punctured wound 2 1/2 cms x 1 cm x abdominal cavity deep on rt. side abdomen, 6 cms to right of umblicus. 14. Punctured wound 2 cms x 1 cm x abdomi­nal cavity deep on rt. side abdomen, 1 cm below injury No. 13.
(3.) ACCORDING to the opinion of the Doctor, death was caused due to shock and haemorr­hage resulting from the injuries which were about 11/4 day old. Ultimately after completing the investigation a charge sheet, Ext. Ka 13 was filed aganist the appellants.;