- (1.) H. C. Mittal, J. The appellants Duli and Chhotey have been convicted and sen tenced under Sections 302 and 324 read with Section 34 I. P. C. to life imprisonment and 4 months rigorous imprisonment, respectively. Appellants Ram Charan and Anil have only been convicted and sentenced under Sections 326 and 324 read with Section 34 I. P. C. and sentenced to 6 years and 4 months rigorous imprisonment respectively by Sri Parmatma Saroup, learned Sessions Judge, Budaun, on 24. 8. 1978.
(2.) THE prosecution case, in brief, is that on 6. 3. 77 at about 8. 00 a. m. when Rampal (P. W. 4) alongwith Dal Chand deceased was in the field of Dhappal and bringing hemp from the pond nearby and coming to their village Bhatoli within the police station Binawar in district Budaun, the appellants Duli and Chhotey armed with Kantas, Ram Charan armed with a spear and Anil armed with a lathi suddenly accosted and attacked them. Both Dal Chand and Ram Pal received injuries. THEir cries attracted Rajpal (P. W. 1), Mitthoo (P. W. 5) and Mehandi Hasan who also witnessed the occurrence. On seeing the witnesses the appellants made good their escape. THEreafter the injured were taken to the Police station Binawar where Dal Chand orally lodged F. I. R (Ext. Ka 5) at 11. 30 a. m. and a case under Sections 323 and 324 I. P. C. was registered by P. W 9 Constable Inderpal Giri. THE injured were sent to Primary Health Centre Binawar for examination of their injuries and as any Doctor was not there, they were sent to District Hospital Budaun, where they were medically examined by Dr. VP. Kulshrestha in between 2. 30 and 2. 45 p. m. Dal Chand was admitted in Hospital and subsequently on 10. 3. 77 at 9. 55 p. m. he succumbed to his injuries. THEreafter on receipt of report of his death from the hospital, the case was converted under Section 304i. P. C. THE investigation of the case was conducted by P. W. 6, Sub-Inspector Umed Singh, who was transferred before completion of the same and the charge-sheet was subsequently submitted by P. W. 7 Sub-Inspector Shriman Tyagi. At the trial, after committal of the case, the learned Sessions Judge framed charges under Sections 302 and 307 read with Section 34 I. P. C. against all the accused. The appellants pleaded not guilty and have denied their participation in the occurrence. The prosecution examined 9 witnesses of whom P. W. 1 Rajpal, P. W. 4 Ram pal, the injured and P. W. 5 Mitthoo are the eye-witnesses of the occurrence and they corroborated the prosecution story as stated above.
(3.) P. W. 3 Dr. V. P. Kulshrestha had examined P. W. 4. Rampal and Dal Chand deceased at District Hospital Budaun on 6. 3. 77 at 2. 30 p. m. and noted the following injuries on their person. Injuries of Dal Chand vide injury report (Ex. Ka-3 ). (1) Incised wound 6 cm x 1 cm x skull bone deep on right side parietal region 8 cm above right ear. Injury kept under observation advised X-ray. (2) Incised wound 3 cm x 0. 5 cm x scalp deep 5 cm below and posterior to injuries No. (1) with swelling around. (3) Contusion 6 cm x 3 cm on right eye brow with swelling on whole of the upper eye-lid. (4) Contusion 7 cm x 4 cm on right forearm middle 1/3 posterior aspect. (5) Contusion 2 cm. x 2 cm on right hand dorsal aspect - cut the root of index finger injury kept under observation. Advised X- ray. (6) Incised wound 2 cm x 0. 5 cm x bone deep left leg middle 1/3 rd front. (7) Contusion 3 cm x 1 cm on left temporal region with swelling. (8) Abraded contusion 0. 5 cm x 0. 5 cm on top of head with swelling around it. Injuries of Rampal (1) Incised wound 2. 5 cm x 1 x bone deep on the left side head 2 cm above left eye-brow. (2) Lacertated wound 1 cm x 0. 5 cm x bone deep on the dorsum right little finger. (3) Abraded contusion 1 cm x 1 cm on dorsum of right ring finger injury kept under observation and advised X-ray. (4) Abrasion 0. 5 cm x 0. 5 cm on right middle finger. (5) Contusion 3 cm x 2 cm on left forearm lower 1/3 injury kept under observation advised X-ray. (6) Contusion 2 cm x 1 cm left side upper arm lower 1/3 rd. In the opinion of Dr. Kulshrestha the incised wounds were caused by some sharp edged weapon while the remaining injuries were caused by some blunt object except injury No. 4 of Rampal which could be caused due to friction. The injuries were fresh and could be caused within 1/4 day. P. W. 2, Dr. N. P. Singh had done autopsy on the dead body of Dal Chand and had proved the post- mortem report. He had noted besides the aforesaid injuries on the person of Dal Chand on internal examination fracture of right parietal bone and fracture of temporal and left parietal bone. The membrances and brain were conjusted. In his opinion the death was caused on account of coma due to head injuries.;