VINOD PRASAD, J. - (1.) THIS appeal emanates from the impugned judgement and order dated 14.3.1983 passed by IVth Additional Sessions Judge, Fatehpur in S.T. No. 2 of 1982, State Vs. Narendra and others, by which learned trial Judge has held all the three appellants Narendra (A-1), Dadhich @ Jageshwar (A-2) and Ram Prakash @ Nanka (A-3) guilty under Sections 302/34 & 201 IPC and has sentenced them to imprisonment for life on the first count and two years R.I. with fine of Rs.100/- on the second count, the defalut sentence being six months additional R.I.
(2.) DESCRIBED laconically, case against the appellants, as was alleged during investigation and later on stated by the fact witnesses during the Session's trial were that an unknown dead body surfaced in the well of Kalicharan Yadav within the precinct of village Tikri, which was spotted by one Vishal Ahir. Discovery of the dead body was intimated to watchman Raghubar (P.W. 1) on 12.8.1979 by Vishal Ahir. Watchman Raghubar (P.W.1) came to the well and spotted the dead body himself. He thereafter came to police station Khaga the same day at 10.30 p.m. and intimated Head Moharrir Lalman Mishra, P.W. 7, about the same, which information was recorded in the GD by P.W. 4 vide Exhibit Ka.8 at serial no. 34. S.I. Chandra Tiwari (P.W. 6) after receiving the information of surfacing of the dead body proceeded for the spot on the following day 13.8.79 along with Constables Ram Pratap Singh, Radhey Shyam Mishra carrying inquest register and copy of the GD entry Exhibit Ka-7. Dead body was fetched out from the well by said S.I. P.W. 6 and inquest on the cadaver of the deceased was performed vide Exhibit Ka-1. Diagram of the corps is Exhibit Ka-2 and thereafter the body was sealed. Seal impression of the cadaver is Exhibit Ka-3 and letter of request for performing post-mortem on the corpse of the deceased addressed to C.M.O. Is Exhibit Ka-4. Other letters addressed to the R.I. for returning of cloths of the deceased etc. are Exhibit Ka-5 and 6. Dead body thereafter was handed over to Constable Radhey Shyam and Chaukidar Raghubar P.W.1 for being carried to the mortuary for autopsy purposes. The aforesaid persons produced the dead body before Dr. J.S. Rai P.W.8 on the next day 14.8.1979. Papers regarding the dead body were received to the doctor, P.W. 8, at 12.10 p.m. and that very day autopsy was performed at 2.10 p.m. Doctor has noted following facts detected by him on the cadaver of deceased:- "deceased was 24 years of age and four days had lapsed since his death. Rigor mortis were absent in both the limbs. Skin had peeled off. Nails had detached, hair loosened, skull suture loose, brain was congested, maggots were present. Eyes and tongue were protruding and scrotum were swollen and protruding. The brain of the deceased was lacerated and his stomach contained semi digested food. Faecal matter were present in the intestine. Cause of deceased death was shock and haemorrhage." Following ante-mortem injuries was detected by the doctor on physical examination of the body:- 1. Gun shot wound of entrance 1" x 1" x cavity deep on the left side of abdomen in axillary line, 2" above the left iliac bone, margins irregular, inverted blackened, direction from left to right, inward slightly down ward. 2. Contusion 2-1/4" x 1" right side of face upto forehead oblique just above the right ear. Internal examination of the corpse further revealed that iliac bone on the right side along with fourth vertebra were fractured. Peritoneum were lacerated and small intestine was punctured at places. Five big shot and one wad piece were recovered from the dead body, which were sealed and sent to the superintendent of police, Fatehpur. Post-mortem examination report of the deceased is Exhibit Ka- 11. Calculating time estimation, deceased could have died in the night between 10/11.8.1979 between 7 to 8 p.m. Sustained physical injury by itself was sufficient in ordinary course of the nature to cause death and injury no.2 could have been a result of fall in the well.
(3.) AFTER the dead body was exhumed from the well, it was identified by Sampatiya (P.W. 3), deceased's wife. She was the daughter of one Chandrapal, resident of village Ikonagarh. After receiving of post-mortem examination report on 15.8.1979 that P.W.7 registered a case vide Crime No. 189 of 1979, under Section 302/201 IPC and prepared the GD entry Exhibit Ka-9. Investigation into the crime was handed over to S.O. Sadanand Rai. Special report regarding commission of the crime was dispatched through Constable Ram Nath Tiwari vide GD No.11 at 9.25 a.m. vide Exhibit Ka-10. I.O. Sada Nand Tiwari (P.W. 9) vetted through the documents concerning the crime and then interrogated head moharir Lalman Mishra (P.W. 7) and SI Chandra Tiwari (P.W. 6) and penned down their statements. On 16.8.79, I.O. interrogated watchman Raghuvar (P.W. 1), witnesses Deshraj, Mohan Lal and Chandrapal. I.O. thereafter conducted spot inspection at the pointing out of those witnesses and prepared site plan map Ext. Ka-11. He thereafter returned to the village of the deceased where he interrogated Sampatiya (P.W. 3), widow of the deceased. From her village Banshi-Ka-Purwa, I.O. came to the village Shikarpur where he interrogated witness Maiku. On 17.8.79, accused Narendra was arrested and at his disclosure statement, I.O. came to the bank of a canal where some blood had dripped down. Narendra informed the I.O. that it was the blood of the deceased, which had oozed out after he was shot at. From that place, blood stained and plain earth were collected and sealed by the I.O. and recovery memo in that respect Ext. Ka-12 was prepared. Both the blood stained and soil earth are material Exts. 1 and 2. I.O. prepared the site plan of the recovery spot vide Ext. Ka-13. On 28.8.79, I.O. received the postmortem examination report and inquest memo of the deceased. On 11.10.79, it was intimated to the I.O. that two of the accused Nanka (A-3) and Jageshwar (A-2) are in jail and, therefore, I.O. interrogated both of them. Concluding investigation, all the three accused were charge sheeted vide Ext. Ka-14 on 26.10.79. Investigation against fourth accused Kulli @ Amar Singh continued. Ultimately as an absconder, he too was charge sheeted on 29.12.79.;