M. C. Jain, J. - (1.) -The appellant Kamlesh has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment by Sri V. P. Kalra, the then Sessions Judge (Non-Metropolitan Area), Kanpur, by judgment dated 24.12.1983 recorded in Sessions Trial No. 256 of 1983. The broad spectrum of the case as surfacing from the F.I.R. and the evidence adduced in the Court is necessary for proper appreciation so as to reach the right conclusion. The occurrence took place on 8.9.1982 at about 11 a.m. near the field of Rampal Singh in village Rajepur, P. S. Sheorajpur, district Kanpur Dehat. The report was lodged on 8.9.1982 at 1 p.m. by P.W. 3 Anant Ram, an eye-witness and son of the deceased. The distance of the police station from the place of occurrence was 4-1/2 Kms. The victim of the offence was Sukhrani. The appellant allegedly had illicit relations with one Km. Nokha, daughter of Jagan Nath. The deceased saw the appellant and Km. Nokha in a compromising position on 8.9.1982 and she scolded them, resulting in exchange of abuses between them and the deceased Sukhrani. She also threatened to disclose the affair to the parents of Km. Nokha. At about 11 a.m. on the fateful day, the deceased was returning to her house after grazing her goats. When she reached in front of the field of Rampal Singh, the appellant armed with a khurpi (used to scrap grass) and Km. Nokha armed with a danda started assaulting her. She fell down on the ground and raised alarm. Her son P.W. 3 Anant Ram and witnesses P.W. 4 Babu Lal, Hori Lal and Hulla reached the spot and witnessed the incident. Kamlesh and Km. Nokha fled from the scene, but Km. Nokha was apprehended at the spot while Kamlesh managed to escape. Sukhrani, who had sustained multiple injuries on her person, was then taken on a cot to the police station. In the way, P.W. 1 Ananti Devi, Pradhan of the village Bilhan enquired about the cause of the incident from her and she disclosed to her that she had been assaulted by the appellant and Km. Nokha. P.W. 1 Ananti Devi recorded the statement given to her by Sukhrani. She died of her injuries a little before reaching the police station. P.W. 3 Anant Ram son of the deceased got report scribed by Mahabir Prasad and lodged the same at the police station.
(2.) THE police took up the investigation which was first made by P.W. 7 S.I. Ram Sewak Singh and was ultimately concluded by P.W. 9 S.O. Om Prakash Ojha. The post-mortem over the dead body of the deceased was conducted by P.W. 8, Dr. S. K. Upadhyaya on 9.9.1982 at 3.15 p.m. The deceased was aged about 60 years and about one day had passed since she died. The following ante-mortem injuries were found on her person : (1) Incised wound 2 cm. 0.1 cm. bone deep on the right side face extending from nose towards right side ear. (2) Incised wound 2.5 cm. 0.2 cm. bone deep right side face 1.0 cm. below right ear. (3) Contusion 9.0 cm. 5 cm. on the right side face extending from nose towards right side ear. (4) Incised wound 1.5 cm. 0.3 cm. bone deep on the right bridge of nose right side. (5) Incised wound 4.0 cm. 2.0 cm. bone deep on the left side of bridge of nose. (6) Incised wound 2.5 cm. 1.0 cm. bone deep on the hind side of the bridge of nose. (7) Incised wound 2.3 cm. 0.3 cm. bone deep on the left eye-brow. (8) Incised wound 1.0 cm. 0.5 cm. bone deep on left side cheek 2.0 cm. of left eye. (9) Incised wound 3 cm. 0.5 cm. bone deep on left side of chin. (10) Contusion 11.0 cm. 9.0 cm. in front of the neck on both sides of neck. (11) Contusion 2.0 cm. 1.0 cm. on left forearm, 6 cm. below left elbow. (12) Incised wound 0.5 cm. 0.2 cm. on back of left palm, 7.0 cm. above left wrist. (13) Incised wound 0.5 cm. 0.2 cm. muscle deep on the forearm 1.0 cm. below injury No. 2. (14) Incised wound 1.0 cm. 0.2 cm. skin deep, 2 cm. above left wrist back side. (15) Incised wound 6.0 cm. 1.5 cm. bone deep on the left side scalp at the back, 7.0 cm. away from left ear. (16) Contusion 4.0 cm. 2.0 cm. on the right side scalp, 3.0 cm. backwards to right ear. On internal examination, frac-ture of right frontal bone corresponding to Injury No. 3 was found. There was also fracture of occipital bone on right side corresponding to Injury No. 15. As per the opinion of the doctor, the death had occurred due to shock and haemorrhage as a result of ante-mortem injuries found on the person of the deceased.
(3.) THE defence of the appellant was of denial and of false implication because of his having litigation with Dulla, a cousin of P.W. 3 Anant Ram (informant). THE appellant in his defence examined Lekhpal D.W. 1 Chhangu Lal. He proved the situation of certain plots at the spot including that of Ram Pal. His statement does not appear to us of any consequence as it is incapable of throwing light on the issue at hand. The prosecution in all examined 10 witnesses at the trial including Investigating Officers, Doctor who conducted the post-mortem on the dead body of the deceased and formal witnesses. P.W. 1 Ananti Devi was the Pradhan of the village and had been produced to prove the dying declaration made before her by the deceased. The eye-witnesses of the occurrence were P.W. 3 Anant Ram (informant) who also happens to be the son of the deceased and P.W. 4 Babu Lal.;