Anil Kumar Sharma, J. - (1.) CHALLENGE In this appeal is to the judgment and order dated 8.10.1999, passed by Sessions Judge, Mahoba in S.T. No. 56 of 1998, whereby the appellants have been found guilty for the offence punishable under Section 302 read with Section 34. I.P.C. and each appellant had been sentenced to undergo imprisonment for life. The facts germane to the appeal are that on 25.11.1997 at about 2.30 p.m. complainant Halkai son of Matole Yadav resident of Budi Bachhechhar, P.S. Kul Pahar submitted his written report in P.S. Ajnar stating that his daughter Ram Kunwar was married with Karan Singh son of Chandan Singh Yadav, resident of village Arghat Mau. His son -in -law Karan Singh has obtained a patta of the land near Khojo Kua and got his land measured about a year ago. On measuring the land it was found that about five Hath land was in the field of accused -appellants, who wanted to take lease land from his son -in -law, but he did not accede. In order to resolve the dispute a Panchayat was called for on 25.11.1997 in which complainant, Kishori Chaube son of Chhiddoo and Prabhu Dayal Tiwari son of Mahadeo residents of village Arghat Mau and others were assembling. At about 11.30 a.m. Shiv Singh, brother of Dhuram Yadav started ploughing the land of his son -in -law. His daughter Ram Kunwar and son -in -law protested, whereupon Dhuram. Shiv Singh and younger brother Raman Singh alias Kuttu in order to kill started assaulting them with axe. The complainant and others tried to save them, but the accused persons killed both of them at the field. After the incident the accused persons waving the axes made their escape good. On the basis of this report case at crime No. 135 of 1997 under Section 302, I.P.C. was registered at the police station, investigation whereof was entrusted to S.I. Om Prakash Dwivedi. After copying the check report and G.D. in the case diary, he interrogated constable Prabhat Kumar and the complainant at the police station and proceeded for the spot. He conducted the inquest upon the dead bodies of both the deceased and alongwith the usual papers sent them for postmortem examination. Thereafter he interrogated witnesses Prabhu Dayal Tiwari and Kishori Lal and prepared site plan. He seized the plain and blood stained earth, as also the broken bangles of Smt. Ram Kunwar from the place where the dead bodies of the deceased were found through memo Ex. Ka -15.
(2.) DR . P.S. Sagar conducted the autopsy upon the cadaver of both the deceased and has noted in his autopsy notes as under: Deceased Smt. Ram Kunwar on 26.11.1997 at 3.00 p.m. Dead body of adult female average height and built, eyes closed, mouth was semi -closed abdomen distended. Rigor mortis absent in upper limbs and present in knee Joint and ankle joint. Ante -mortem injuries Incised wound size 8 x 3 -1/2 cm. lower part of neck at anterior aspect 3 cm. below from cervical vertebrae hyoid bone. Fractured 4th cervical vertebrae. In the internal examination the doctor found that fourth cervical vertebrae of the deceased was fractured. Both lungs were pale. One litre pasty food material was found in the stomach. Small and large intestines contained gases and faeces matters. In the opinion of the doctor the deceased suffered death on account of shock and hemorrhage due to ante -mortem injury. Deceased Karan Singh -26.11.1997 at 4.00 p.m. Dead body of adult male of average height and built. Eyes open, mouth closed. Abdomen distended. Rigor mortis absent in Neck and upper limbs and are present in knee and ankle joint. Ante -mortem injuries 1. Incised wound size 10 x 3 -1/2 cm. lower part of neck at posterior aspect 7 cm. below from occipital eminence transversely placed tailing on right side depth bone deep. 2. Incised wound 8 x 3 cm. x bone deep over tip of right shoulder vertically placed tailing on forward. Incised wound 6 x 2 cm. on right scapular region into bone deep vertically placed tailing on downward.
(3.) INCISED wound 3 x 1 cm. left hand middle finger vertically placed tailing downward depth bone deep.;