M. C. Jain, J. - (1.) -These two connected appeals arise from judgment and order dated 30.8.1984 passed by Sri M. M. H. Siddiqi, Sessions Judge, Pilibhit in S.T. No. 299 of 1983. The appellants in Criminal Appeal No. 2432 of 1984 are Nand Ram and Rama Shanker whereas Ramadhin and Bhagwan Shankar are the appellants in Criminal Appeal No. 2476 of 1984. All of them have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment.
(2.) THE board spectrum of the case may be set forth. THE incident took place in village Akhala, police station Bisalpur, District Pilibhit on 31.8.1983 at about 7.00 a.m. THE report was lodged at the concerned police station by Rakesh P.W. 1 son of the deceased the same day at 10 a.m. THE distance of the police station from the place of occurrence was five miles. THE deceased was Rakesh's father, Ram Prakash. THEre was a pathway north-south in between the houses of the accused-appellants and the deceased. Houses of the former were on the eastern side of the pathway and that of the latter in the south. THEre was a kachcha chabutara in front of the house of the deceased and towards its east, there was a kachcha pathway. Water of the houses as well as rainy water used to flow in this pathway. Due to continuous flow of water, the earth of the chabutara had been washed away and it was rendered sloppy. Towards east of this passage, there were houses of the accused-appellants, Nand Ram and Ramadhin. THEre was also a kachcha chabutara in front of the house of the accused. On the fateful day, i.e., 31.8.1983 at about 7.00 a.m., the accused-appellant Nand Ram was extending his chabutara by putting earth on it and making a slope over it. THE deceased objected to it, saying that due to this act of the accused the passage would be narrowed down and water would flow towards his chabutara. Nand Ram accused-appellant started abusing the deceased and the matter flared up. THE witnesses, Rakesh (son of the deceased), Smt. Krishna Devi (wife of the deceased), Lala Ram and others came to the spot. Nand Ram angrily held out that score would be settled that very day. He went inside his house calling his nephew, Ramadhin and sons of Ramadhin, namely, Bhagwan Shankar and Ram Shankar. Ramadhin was armed with 'kanta' whereas Bhagwan Shankar and Rama Shankar had spears. Nand Ram himself was armed with lathi. All of them appeared with their such weapons and started assaulting the deceased with the intention to kill him. On receiving injuries, the deceased fell down at the spot. On the hue and cry of the witnesses, the accused-persons ran away towards their house. THE victim became unconscious and he was placed on cot by his son and wife who brought him on Amrita Road. A tonga was hired and the victim was placed thereon. While they were going to police station and hospital, the victim died near the Bisalpur bus stand. On the lodging of the F.I.R., a case was registered and the investigation followed. The post-mortem over the dead-body of the deceased was conducted by Dr. K. P. Dubey, P.W. 7 at District Hospital, Pilibhit, on 1.9.1983 at 2.45 p.m. The following ante-mortem injuries were found on his person : (1) Incised wound 6 cm. 1 cm. bone deep on the left side head 10 cm. above the pinna of left ear, vertically placed, underlying bone fractured. (2) Incised wound 5 cm. 1 cm. bone deep on the left side head 1 cm. above the injury No. 1, vertically placed, underlying bone fractured. (3) Incised wound 3 cm. 0.5 cm. muscle deep on the left side front of shoulder. (4) Traumatic swelling 10 cm. 8 cm. with lacerated wound 2 cm. 1 cm. bone deep on the middle of right arm. Right humerus fractured. (5) Incised wound 2 cm. .5 cm. muscle deep on the dorsum of right ring finger middle phalanx. (6) Punctured wound 1 cm. .5 cm. cavity deep on the left side abdomen 3 cm. lateral to umbilicus at 3 O'clock position. Edges clean cut. (7) Punctured wound 1 cm. .5 cm. cavity deep on the left side abdomen. Edges clean cut. (8) Punctured wound 1 cm. .5 cm. 8 cm. On the left side thigh front and middle. Edges clean cut. (9) Contusion 6 cm. 4 cm. on the right side leg upper 1/3rd part. (10) Contusion 10 cm. 4 cm. on the back of right scapular region. He was aged about 40 years and had died at about 1-1/4 days before the post-mortem report. The death had occurred due to shock and haemorrhage resulting from the ante-mortem injuries. The defence was of denial.
(3.) THE material evidence is that of Rakesh P.W. 1, Lala Ram P.W. 2 and Smt. Krishna Devi P.W. 3, wife of the deceased who have been examined as eye-witnesses. We have heard Sri P. N. Mishra, learned counsel for the appellants in the two criminal appeals and learned A.G.A. from the side of State in opposition. Sri Mishra has criticised the testimony of eye-witnesses and has even doubted the place of occurrence on the premise that no blood was found by the Investigating Officer. We have carefully examined the testimonial assertions of eye-witnesses and are clearly of the view that there is no reason whatsoever to doubt or discard their testimony. The names of all of them find place in the promptly lodged F.I.R. made by Rakesh P.W. 1. The incident took place on the pathway in between the houses of the deceased and the accused-appellants. Obviously, Rakesh P.W. 1 (son of deceased) and Smt. Krishna Devi (wife of the deceased) P.W. 3 are the most natural witnesses of the incident who were to be present at the spot at the time of incident which took place at about 7.00 a.m., it being just adjacent to their houses. Lala Ram P.W. 2 has given plausible and acceptable reason for his presence at the spot. He belonged to the same village and reason for his presence at the spot was that he had purchased wood from the deceased Ram Prakash and had gone to cut the same. He was cutting the wood into pieces when the incident occurred. His house was only 150 paces away from the spot. All the three eye-witnesses supported the prosecution case in all material particulars with the description of the weapons that had been wielded by the accused-appellants. The accused-appellants could not show that either this witness was thick with the deceased or had any animosity against them, which could have tempted him to depose falsely against them. The testimonial assertions of the eye-witnesses are very well in conformity with medical evidence. To say, in other words, the injuries sustained by the deceased could have very well been caused by the weapons, which had been made use of by the accused-appellants. We accordingly, reject the argument levelling criticism against eye-witnesses.;