BHANWAR SINGH, J. - (1.) AS both these appeals pertain to one and the same occurrence and arise out of a common judgment, they are taken up together for disposal.
(2.) ALL the three appellants have filed their respective appeals against the judgment and order dated 1 -5 -1980, passed by IV Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 213 of 1979, State v. Abbul Hasan and two others. By virtue of the said judgment, the three accused appellants, namely, Abbul Hasan, Ahat Ram and Nasim were convicted for an offence under Section 302/34 IPC and sentenced to imprisonment for life. They were alleged to have eliminated one Om Prakash, son of Mangal Das, resident of village Khampur, P.S. Nai Mandi, District Muzaffarnagar. The accused appellants also belong to the same village. The prosecution story, as was disclosed at the trial, may be narrated in the following terms: - Sri Atar Singh, son of Sri Ramdiya Singh, resident of village Khampur submitted a written report to the Station Officer of P.S. Nai Mandi, District Muzaffarnagar at 7.15 p.m. on December 24, 1978 with recitals therein to the effect that on 24 -12 -1978 at about 4.00 p.m., he was going to look after his agricultural fields situated on Chhapaar Kutcha road. He reached close to the sugarcane field of his co -villageman Sharif, where the sugarcane crop was being harvested and many including the deceased Om Prakash were busy in peeling off the sugarcane sticks. Om Prakash was doing the job on daily wages. He was engaged by Sharif's sons Abbul Hasan and Ahat Ram. Om Prakash demanded his wages from the two brothers, namely, Abbul Hasan and Ahat Ram at the rate of Rs. 6/ per day but the latter were not willing to make payment at the said rate and this resulted into an altercation. Abbul Hasan felt annoyed of excessive demand submitted by Om Prakash and when the latter dared further to insist on his claim, he was assaulted by Abbul Hasan, who was armed with a Balkati. Nasim inflicted 'Pithi Daranti' (a sickle without teeth) blows to Om Prakash. The third accused Ahat Ram was assaulting him with kicks. The informant Atar Singh and others, who were attracted to the site of occurrence, on having heard the hue and cry raised by Om Prakash, rushed for his rescue and while coming closer to the place of occurrence, they challenged the assailants and also questioned the propriety of their murderous assault. Seeing the witnesses coming towards them, all the assailants took to their heels and managed their escape good. Atar Singh and others chased Ahat Ram and apprehended him at a short distance. Ahat Ram was brought to the site of occurrence where Om Prakash was lying in pool of blood and crying in pain. Atar Singh immediately informed Om Prakash's uncle Kishan Lal, who arranged for a bogie and took in it the injured Om Prakash to the district hospital at Muzaffarnagar. Om Prakash, however, succumbed to the injuries on his arrival at hospital.
(3.) ON the basis of the written report of Atar Singh, chik F.I.R. was drawn at P.S. Nai Mandi, Muzaffarnagar and its entry was made in the G.D. The Station Officer S.I. Virendra Singh nominated himself as the Investigating Officer and after examining the informant, he proceeded towards the place of occurrence. While leaving the police station, he instructed S.J. Jagram Singh to go to the hospital and prepare the inquest report. He inspected the site of occurrence on the same evening and next morning i.e. on 25 -12 -1978 searched for the accused. He recovered a Balkati, Material Ext. 1 from the Ghar (an accommodation used in villages for tathering cattle and living of malefolk) of accused Abbul Hasan and Ahat Ram and prepared its recovery memo Ext. Ka 12. He then recorded the statement of Jagdish, Inder and Atar Singh and prepared site -plan Ext. Ka 13. He collected ordinary and blood -soaked earth from the site where the occurrence had taken place and prepared memo Ext. Ka 14. Also, he had collected a sickle from the place of occurrence and prepared its memo Ext. Ka 17. The Investigating Officer was transferred from Nai Mandi police station on January 1, 1979, in consequence whereof the investigation of this case was entrusted to S.I. Hariraj Singh Tyagi,who completed the remaining formalities of the investigation and submitted charge -sheet Ext. Ka 18.;