- (1.) J. C. Gupta, J. All the above named appellants, who are real brothers have preferred this appeal against the judgment and order dated 22-12-1980 passed by Shri S. B. Singh, the then III Addl. Sessions Judge, Ghaziabad in Sessions Trial No. 103 of 1978 convicting the appellants under Section 302 read with 34 I. P. C. and sentencing each of them to imprisonment for life.
(2.) THE prosecution story, as revealed in the F. I. R. in brief, is that on 5-2-1978 at about 7. 30 p. m. deceased Anwar alongwith Jahid and Shakar were returning from Simbhaoli Mill after supplying milk to a shop keeper and when they were near Sharafat's grove in village Phulri, the three accused persons emerged from the grove and started assaulting Anwar with Lathi and Burri (a sharp pointed weapon ). As a result of assault Anwar fell down and died an instant death. Mohd. Hassan and Wahid on hearing hue and cries also rushed from their fields. Seeing the witnesses arriving, the accused persons ran away. THE motive for committing the murder of Anwar is said to be that Anwar had got Jawal son of accused Iqbal arrested, hence lqbal and his family members became inimical to him. The written F. I. R. was lodged by Bunda, father of deceased Anwar who himself had not witnessed the incident and had reached the place of occurrence after when the assailants had run away. The F. I. R. was registered at police station Garhmukteshwar in the same night at 9. 30 p. m. The investigation of the case was conducted by S. I. Raghubir Singh, P. W. 8. He reached the scene of occurrence at about 10. 30 p. m. in the night and completed inquest in the light of petromax and sent the dead body for post-mortem under seal.
(3.) AUTOPSY on the dead body of deceased Anwar was held by Dr. O. P. Sharma, P. W. 3 on 6-2-1978 at 3. 45 p. m. Following ante- mortem injuries were found on the person of deceased Anwar: (1) Lacerated wound 3 cm. x 1 cm. x bone, on the right side back of head 11 cm. above and behind right ear. (2) Lacerated wound 4 cm. x 1. 5 cm. x bone, on the back of head in middle. (3) Lacerated wound 2. 5 cm. x 1 cm. x bone on the right side head on the top. (4) Abrasion 5 cm. x 1. 5 cm. On the outer side of left side neck just below angle of mandible. (5) Abrasion 2 cm. x 2 cm. On the front of right knee and abrasion of same dimension on the left knee. (6) Multiple abrasion in an area of 10 cm. x 1. 5 cm. On the inner aspect of left fore-arm middle part. (7) Abrasion 1. 5 cm. x 1 cm. On the upper part of Pinna of left ear. The internal examination revealed fracture of left parietal bone. Base of skull was also fractured. In the opinion of doctor death was due to shock and haemorrhage as a result of ante mortem injuries. Post-mortem report is Ex. Ka-2.;