S.K.AGARWAL J. - (1.) This appeal was filed by Jai Narain, Ramesh, Rama Kant, Sajiwan Lal, Afat Lal, Vijai Pal, Jai Narain and Rajjan Lal against their convictions and consequent sentences recorded by the learned Sessions Judge, vide order dated 31-8-80. All the appellants were convicted under S. 302/149, IPC and sentenced to life imprisonment. They were conviction and sentenced under S. 323/149, IPC to 6 months rigorous imprisonment. Accused Afat Lal and Ramesh were also sentenced under S. 148, IPC to undergo 11/2 year's rigorous imprisonment. Appellant Jai Narain, Rama Kant, Sajiwan Lal, Vijai Pal, Jai Narain and Rajjan were converted and sentenced to undergo one year's rigorous imprisonment under S. 147, IPC. All the sentences were to run concurrently. One of the appellant Jai Narain died during the pendency of this appeal. His appeal, therefore, has abated.
(2.) Brief facts as disclosed in the FIR are that Avdhesh Kumar used to work at the flour Mill of one Shiv Das whose flour mill is in the same village of which the informant, the accused persons and the deceased were residents. He was returning from the flour mill on 23-10-1979 at about 8-30 a.m. after performing his duties at night, he was chased by all the appellants. In order to save his life he rushed towards his house, entered therein and bolted himself into a room. At the relevant time the informant, his mother, father, sister and his wife were also present in the house. These accused also entered his house. Jai Narain picked up an Axe which was lying in the courtyard and broke the door of the room open. The assailants belaboured the deceased in that room, in the courtyard, and then lifted and brought him out of the house where he was thrown on the ground and belaboured again with lathis. He was also beaten according to the evidence with bricks. His mother came to rescue him. She fell upon him. She too was assaulted by the assailants with lathis and bricks. The incident was witnessed by Maiku, Ram Sahai and others who arrived at the scene of occurrence. The accused persons on the arrival of the witnesses took to their heels. The injured were brought upto Hussaina Kothi on a bullock-cart and from there they were taken on a Tempo to police station Ghatampur. Kailash Narain, P.W. 1, informant prepared a written report at Hussaina Kothi itself and handed the same over at P.S. Ghatampur. It was submitted at 10-20 a.m. on 23-10-1979. The police station is about 11 km. from the village of occurrence. A case under S. 147, 148, 308, IPC was registered there. the check report and other papers were prepared by P.W. 8 Kailash Nath, head Moharrir. Check report is Ext. Ka. 12. The written report is Ext. Ka. 1. The General diary was also prepared. It is Ext. Ka. 13. Injured Avdhesh was sent to Primary Health Centre, Ghatampur, that very day from where he was after medical examination referred to U.P.M. Hospital, Kanpur. On 24-10-1979 he reached there and succumbed to his injuries during afternoon hours. The case was converted to one under S. 304, IPC on receiving the information of his death. Inquest memo was prepared on 25-10-79 at 12.00 noon at the mortuary of the above hospital. It is Ext. Ka. 2. The dead body was sealed and sent for post mortem examination. Autopsy was conducted by P.W. 7 Dr. J. N. Mehrotra on the same day at 4.45 p.m. post mortem Examination report is Ext. Ka. 10. The age of the deceased was 21 years and the time of his death was about a day. Following ante-mortem injuries were found on the person of Avdhesh Kumar deceased : 1. One lacerated wound 2 cm. x 1/2 cm. with two stitches on the right temporal bone. 7 c.m. above the right eye brow. 2. One abraded contusion 24 cm. x 9 cm. on the outer-side of the right upper arm. 3. One abraded contusion 10 cm. x 6 cm. on the outer side of the left elbow joint. 4. Multiple abrasions in an area of 10 cm. x 3 cm. on the front of the upper part of the right leg 7 cm below the right knee cap. 5. One abrasion 1 cm. x 1 cm. on the outer side of the right ankle joint. 6. One abrasion 11/2 cm. x 1/2 cm. on the inner side of the right ankle joint. 7. One abrasion 1 cm. x 1 cm. on the inner side of the right big toe base. 8. Multiple abraded contusions stitched at four points in an area of 19 cm. x 2 cm. on the front of the left leg. 9. One abraded contusion 28 cm. x 16 cm. on the upper part of the right side back of chest. 10. One abrasion 4 cm. x 2 cm. on the outer side of the left buttock. 11. One stitched wound 4 cm. in the web between right thumb and index finger and five stitches present. The cause of death was shock and haemorrhage as a result of ante-mortem injuries. Before his demise Avdhesh was also examined at the Ghatampur Primary Health Centre on 23-10-79 at 2.00 p.m. by Dr. G. S. Dhanik P.W. 2 found following injuries on his person. 1. Lacerated wound 2 cm. x 0.5 cm. on Rt. and front of scalp 6 cm. above Rt. Eye-brow, Clotted blood present. 2. Contusion 16 cm. x 1 cm. on Rt. side of back 7 cm. from mid line and 5 cm from lower and of Rt. Shoulder bone. Red in colour. 3. Contusion 5 cm. x 1 cm. over Rt. shoulder blade 8 cm below from the top of Rt. Shoulder joint, Red in colour. 4. Abrasion 1 cm. x 0.5 cm. on front of lower leg 10 cm. below the Rt. Knee joint. 5. Abrasion 1 cm. x 0.5 cm. on front of Lt. Leg 12 cm. below the Lt. Knee joint. 6. Abraded contusion 3 cm. x 2 cm. on front of Lt. Lower leg 3 cm. below the injury No. 5. 7. Lacerated wound 2 cm x 1 cm. x skin deep on front of Lt. Lower leg 4 cm. above Rt. Ankle joint Bleeding present. 8. Lacerated wound 3 cm. x 1 cm. x muscle deep on right palm 1 cm. from 1st joint of Rt. Thumb clotted blood present. Injury No. 1 to 5, 7 and 8 were found simple in nature and were caused by some blunt object. Injury No. 6 was kept under observation and referred to U.R.M. Hospital for X-ray and treatment. It was also caused by some blunt object. According to post mortem examination report except Injury No. 1 also other injuries were on non-vital parts. The appellants denied the charges levelled against them and pleaded not guilty. Appellant Jai Narain pleaded that S.I. Vijai Pal Singh was annoyed with him when he refused to give him a hen. He was taken into custody on 30-7-1979 by the said S.I. This led to some scuffle between him and the S.I. Other accused Sajiwan Lal, Jai Narain, Afat Lal and Rama Kant also protested seriously against the high handed activity had conduct of this S.I. The S.I. left the scene extending threat to him. He claimed that he had absolutely no enmity with the deceased. Relations between him and the deceased were cordial. Relations of the deceased were strained with Kailash Narain, his own brother, on account of suspicion of illicit intimacy of the deceased with his wife. It is further submitted by him that Avdhesh Kumar was before this incident thrown into the well by the informant P.W.1 Kailash Narain and it was Jai Narain appellant who saved him by taking his out from the well.
(3.) The prosecution in support of its case has examined eye-witnesses P.W. 1 Kailash Narain, informant, P.W. 2 Maiku, P.W. 4, Smt. Chandrawati mother of the deceased and the informant and P.W. 5 Smt. Suraj Mukhi wife of the informant. The formal witnesses examined by the prosecution are Vijai Pal Singh P.W. 6 the Investigating Officer, Dr. G. S. Dhanik P. W. 2 and Dr. G. N. Mehrotra P.W. 7, P.W. 2 had initially examined the deceased before his death and Dr. G. N. Mehrotra conducted the autopsy. Kailash P.W. 8, Head Moharrir prepared all the papers pertaining to the registration of the case. Smt. Chandrawati was also injured, her medical examination took place on 23-10-1979 at 2.30 p.m. half an hour after the medical examination of Avdhesh Kumar by the same doctor P.W. 2. Her injuries are as under :- 1. Contusion 10 cm. x 1 cm. on Lt. side of back 1 cm. from midline and 4 cm below the lower end of Lt. shoulder blade, Red in colour. 2. Contusion 8 cm. x 1 cm. on Lt. side of back 1 cm below the injury No. 1 Red in colour. 3. Contusion 5 cm. x 2 cm. over top of Rt. Shoulder joint 4 cm from the lateral end of Rt. Collar bone. 4. Lacerated wound 0.5 cm. x 0.5 cm. x skin deep over Rt. palm over Ist joint of Rt. Little finger. 5. Abrasion 1 cm. x 0.5 cm. on front of Rt. Leg 8 cm. above Rt. Ankle joint. All these injuries were found simple in nature and were caused by some blunt object. Duration of her injuries was less than 12 hours.;