RAKESH TIWARI - (1.) HEARD Ms. Gajala Banu Qudari, Amicus Curiae, on behalf of the appellants in both the criminal appeals, Sri S.Ali Murtuza, learned A.G.A. for the State, and perused the record. This criminal appeal challenges the judgment and order dated 22.07.2003 passed by Addl. Sessions Judge, Fast Track Court No. 1, Budaun in Session Trial No. 08 of 2001: State Vs. Rajendra, convicting the appellants under section 302 I.P.C. for life imprisonment with a fine of Rs.5000.00 each and in case of default of payment of fine, further conviction of 2 years. The prosecution story in brief is that a written report was submitted by the complainant-Mahipal son of Bhupal Dhimar, R/O Village-Vari Kheda, P.S.-Ushait, District- Badaun, alleging therein that Rajendra son of Bhumiraj Dhimar and Rajesh son of Omkar Dhimar, R/O Village- Mamoor ganj, P.S.-Kadar Chok, District-Badaun, at about 8.00 P.M in the night of 29.9.2000 came to his house and took him in the forest near the village-Vachi at the agricultural field of Sewa Ram adjacent to Chakroad and started saying that "SALE TERA DIMAG BAHUT KHARAB HAI" . On being replied that what he had said to them for harbouring enmity, both the accused persons caught hold of him, started beating and injured him with knife blows. On his cry, Amar Singh son of Hira Lal and Suresh son of Girdi, reached the spot who knew the accused persons and on seeing them, the accused ran away. It was further averred in the written report that due to fear of accused persons and non availability of any conveyance the injured complainant could not come to the police station in the night, but came on the next day on a bullock-cart in injured condition for lodging the FIR. After he submitted the written report, chick report was prepared in Case Crime No. 145 of 2000, under section 307/504 IPC was registered in police station-Ushait, Sub.- Dataganj, District-Badaun on 30.9.2000 at about 10.00 A.M. The injured Mahipal was sent for medical treatment by the police. Dr. A.K. Verma medically examined injured Mahipal on 30.9.200 at about 12.05 A.M. who found following injuries on the body of complainant-Mahipal: 1. Multiple incised wound over front of neck in area of 12 cm x 10 cm size varying from 6 cm x 1 cm to 1 cm x 0.2 cm depth varying from skin to muscle deep. 2. Stab wound right side abdomen 4 cm x 2 cm x cavity deep, 8 cm away from umbilicus at 9.00 O clock position. Omentum and small intestine coming out of wound. 3. Incised wound 2 cm x 1/2 cm x muscle deep on right side of abdomen 2 cm from umbilicus at 8.00 O' clock position. The investigation was taken over by S.O. Sant Ram Verma, himself.
(2.) THE injured complainant-Mahipal died in hospital on 30.9.2000. The inquest was conducted on 1.10.2000 at 1.40 P.M. by S.I. Narendra Kumar Tyagi and he sent the dead body of deceased in sealed cover for post mortem examination along with usual papers. The post mortem of cadaver of deceased-Mahipal was conducted by Dr. Rajiv Kumar on 23.4.2002 at about 4.00 P.M. Dr. Rajiv Kumar was examined by the prosecution as P.W.-3 who in his report proved the post mortem report as well as injuries sustained by Mahipal (since deceased). The injuries caused to the Mahipal are as under: ...[VERNACULAR TEXT OMMITED]... In the opinion of the doctor, the death had occurred due to shock and haemorrhage as a result of ante mortem injuries. During investigation of Case Crime No. 145 of 2000, the Investigating Officer obtained police custody remand of both the accused and at their instance on 24.10.2000 recovered the two knives alleged to have been used by them in the aforesaid crime, and accordingly Case Crime No. 159 of 2000 under section 4/25 of Arms Act against Rajendra, and Case Crime No. 160 of 2000 under section 4/25 of Arms Act against Rajesh, were also registered. After investigation, charge sheet was submitted by the Investigating Officer. The case was then committed to the court of session and charge was framed under section 302 IPC and under section 25(4) of Arms Act.
(3.) THE prosecution in support of its case examined, Amar Singh-P.W.1, Dr. A.K. Verma-P.W. 2, Dr. Rajeev Kumar-P.W.3, S.I. Sant Ram Verma-P.W.4, Nav Bahar Singh-P.W.5, Shyam Lal-P.W.6, S.I.-Narendra Kumar Tyagi- P.W.7 and Scribe of written report- Jabir Ali-P.W.8, whereas the accused Rajendra and Rajesh were examined under section 313 Cr.P.C. Omkar Singh, Revenue Inspector-II Kakrala-2 (Tehsil-Dataganj), District Badaun, also appeared as D.W. 1. After hearing counsel for the parties, the Additional & Sessions Judge by its judgment and order dated 22.7.2003 convicted and sentenced the appellants in Session Trial No. 8 of 2001: State Vs. Rajendra and another under section 302 IPC for life imprisonment with fine of Rs.5000.00 each and in default of payment of fine further conviction of 2 years.;