Anil Kumar Sharma, J. - (1.) THESE appeals arise out of judgment and order dated 26.4.2007 passed by Additional Sessions Judge, Court No. 3, Fatehpur in S.T. No. 46 of 1999 (Crime No. 226 of 1997, P.S. Ghazipur, District Fatehpur), whereby each appellant had been convicted for the offence punishable under Section 302/ 34, I.P.C. and have been sentenced to imprisonment for life. A fine of Rs. 3,000 had also been imposed upon the accused, with default stipulation. Succinctly stated the prosecution case is that on 11.8.1997 at about 7.20 p.m. Hira Lal Yadav s/o. Babu Lal. resident of village Bahadurpur submitted a report at P.S. Ghazipur wherein he stated that on 11.8.1997 in afternoon his father Babu Lal was grazing cattle in the field while uncle Ram Sajivan was ploughing the field which was taken on batai, at about 3.30 p.m. co -villagers Budhraj and his sons Sushil and Dhoon @ Shiv Prakash alongwith Krishan Kant Dubey, resident of Belgaon, District Banda armed with lathis came there and hurled abuses to his father and uncle saying that today they would teach them lesson for grazing animals in their field. All the three accused persons started assaulting Babu Lai and Ram Sajivan. Hearing noise the complainant alongwith his son Hira Lal and Daddu s/o. Parson, resident of Muvaiyan who were cutting grass in the nearby field arrived there and challenged the accused, whereupon they made their escape good towards eastern side. The complainant further stated that after arranging bullock -cart while they were carrying both the injured, near Khansen Pur father of the complainant succumbed to the injuries. The complainant reached at the police station alongwith dead body of his father and injured Ram Sajivan submitted report at 7.20 p.m. on 11.8.1997. On the basis of written report, case was registered at the police station Ghazipur at crime No. 226/97, under Sections 304 and 308, I.P.C., investigation whereof was entrusted to S.I. Ram Gopal Mishra. It has been stated that while Ram Sajivan was being taken for medical examination alongwith chitthi majrubi he also died on account of fatal injuries sustained by him in the incident. The inquest upon the corpses of both the deceased were prepared at 7.20 p.m. and 9 p.m. by S.I. Ram Gopal Mishra. He sent the dead bodies for autopsy in sealed condition alongwith related papers. Dr. R.K. Khanna conducted postmortem examination of the cadaver of both the deceased on 12.8.1997 from 3.00 p.m. onwards. His post -mortem notes in brief are as under: Babu Lal aged about 65 years - - 3.00 p.m. - - Doctor found that deceased was average built. Rigor mortis passed off from the upper limbs but was present in Inferior extremity. He found the following ante -mortem injuries on the person of the deceased: (i) Lacerated wound 5 cm. x 1.5 cm. x bone deep on left fore arm lower end, 6 cm. above left wrist. Underlying bone fracture. (ii) Lacerated wound 2.5 cm. x 1 cm. x bone deep on middle of right forearm with open fracture of ulna bone. (iii) Abrasion contusion in front of lower chest area 9 cm. x 3.5 cm. on right side. (iv) Lacerated wound 1.5 cm. x 1 cm. x muscle deep In front of right leg in the middle. (v) Abrasion 1 cm. x 0.5 cm. in front of left leg in the middle. Dr. Khanna has noted that the deceased suffered death about a day before due to haemorrhage and shock on account of ante -mortem injuries. Ram Sajivan aged about 45 years - - 3.30 p.m. The doctor found that rigor mortis was present in inferior extremity but passed off from superior extremity. He found following ante -mortem injuries on the person of the deceased: (i) Lacerated wound 2 cm. x 0.5 cm. x muscle deep on right fore arm lower end, above wrist. (ii) Abrasion left arm 3 cm. x 1 cm. (iii) Lacerated wound 9 cm. x 6 cm. on front of right leg muscle deep. (iii) Lacerated wound 5 cm. x 1.5 cm. in front of left leg below the knee. (v) Scalp injury (lacerated wound) on right side scalp 5 cm. x 2.5 cm. x bone deep 7 cm. above right ear. In the opinion of the doctor the deceased has died about one day before due to coma on account of ante -mortem head injury.
(2.) THE Investigating Officer had earlier recorded the statement of the complainant at the police station. He visited the spot and prepared site plan at the instance of the complainant. In the meantime, the investigation of the case was entrusted to C.B.C.I.D. on the application of wife of named accused Krishan Kant Dubey which was entrusted to Inspector J.M. Singh, P.W. 5 who after completing the investigation submitted charge -sheet against the accused -appellants. After committal of the case to the Court of Session framed charge for the offence punishable under Section 302 read with Section 34. I.P.C. against the appellants, who pleaded not guilty and claimed trial.
(3.) IN order to prove its case the prosecution has examined complainant Hira Lal P.W. 1. eye -witness Daddu P.W. 2, Dr. M.C. Vishwakarma P.W. 3, Head Moharrir Ram Babu Mishra P.W. 4, Inspector J.M. Singh P.W. 5, S.I. Ram Gopal Mishra P.W. 6 and Dr. R.J. Khanna P.W. 7.;