ANIL KUMAR SHARMA - (1.) CHALLENGE in this appeal is to the judgment and order dated 12.1.1996, passed by the then 1st Addl. Sessions Judge, Jaunpur in S.T. No. 185 of 1991, whereby each appellant has been convicted and sentenced as under :- Name of appellants Imprisonment Gajadhar Sections 302/34 IPC Imprisonment for life Vijay Kumar 307/34 IPC Seven years R.I. 324/34 IPC Two years R.I All the sentences of each appellant were ordered to run concurrently. The appeal of co-accused/appellant Gajadhar stood abated on account of his death, vide order dated 8.11.2012.
(2.) THE prosecution story in nutshell is that on 27.3.1991 at about 7.15 p.m. Dinesh son of Ram Pal submitted a written report of Ram Tahal son of Ram Lakhan Sunar resident of Patti Narendrapur, P.S. Sarpataha, District Jaunpur in police station Sarpataha, wherein it was stated that his brother Gajadhar separated from his three brothers and there was dispute between them regarding partition of the house and shops. On 27.3.1991 at about 6.30 p.m. the complainant along with his brothers Ram Pal and Ram Kripal and nephew Gyan Chand were sitting on their jewellery and cloths shop situated near the main crossing of Narendrapur. Gajadhar (brother of the complainant) along with his son Vijay Kumar armed with knives came at their shop and started wielding knife on Rampal, Ram Kripal and Gyan Chand. This incident was witnessed by complainant, Thakur Prasad Sharma, Vakil Ahmad and several others. The accused persons assaulted the aforesaid persons with intention to kill and thereafter made their escape good. The complainant sent written report to the police station through aforesaid Dinesh Kumar and took the injured to the hospital, however, during transit Rampal succumbed to the injuries. Ram Kripal was medically examined by Dr. S.L. Gupta in Government Male Hospital Shahganj on 27.3.1991 at 7.45 p.m. He found the following injuries on his person : Ram Kripal: 50-years' old 1. Incised wound 3 cm x 1.5 cm x muscle deep on the left side of chest 4 cm below and outer to the left nipple. Edges of the wound are cleanly out. Clotted blood present. 2. Incised wound 4 cm x 1.5 cm x bone deep on the back of upper part of left fore-arm 3 cm below the left elbow joint. Clotted blood present. Edges of the wound are cleanly out. Wound is directed downwards. 3. Stab wound 5 cm x 3 cm x peritoneal cavity deep on the right side of abdomen overlying the sub-costal margin 13 cm below the right nipple. Loops of intestine coming out of the wound. Bleeding present. He was semi-unconscious and his general condition was low. His pulse was 110/mt, Resp. 24/mt and BP was 100/60 mm Hg. In the opinion of the doctor the above injuries were caused by sharp edged object. Injury nos. 1 and 2 were simple in nature, however, Injury no. 3 was kept under observation and referred to Surgeon (Dr. Prem Chandra) for further management and expert opinion. Duration of injuries was within one day. Dr. Gupta had also examined another injured Gyan Chand on 29.3.1991 at 3.30 p. m. and he found the following injuries on his person : Gyan Chand: 20-years' old (1) Incised wound 3 cm x 0.5 cm x bone deep on the lower part of left side of back 12.5 cm below the inferior angle of left scapula and 11 cm outer to the mid-line. Direction of wound is vertically down- wards. Edges of the wound is cleanly out. Evidence of sepsis present. (2) Abraded contusion on the right wall of nose 3 cm x 3cm. Bluish in colour, scab present. (3) Abraded contusion on the dorsum of right leg 2 cm x cm including the base of its little finger. Blue in colour. Scab present. (4) Contusion 5 cm x 3 cm on the outer side of left arm 6 cm above the elbow joint. Blue in colour. In the opinion of the doctor all the injuries were simple in nature. Injury no. 1 was caused by sharp edged object, while injury nos. 2 to 4 were caused by blunt object. The duration was within 1-2 days.
(3.) ON the basis of the written report of the complainant the case at crime no. 29 of 1991 under section 307/324 IPC was registered at police station Sarpataha, investigation whereof was taken over by S.O. Deep Narain Yadav. He interrogated the complainant and proceeded for the spot. He found electric light and search light in front of the shop of the complainant and on the pointing out of Dinesh prepared the site plan and also seized the plain and blood stained earth from the spot through memo Ext. Ka-3. On 27.3.1991 at about 9.30 p.m. on the basis of the information conveyed by constable Manoj Kumar regarding death of injured Rampal, the case was converted into section 302 I.P.C. He also informed that there was no Sub-Inspector in P.S. Shahganj, so the I.O. reached Shahganj Hospital at about 10.30 p.m. and conducted inquest upon cadaver of the deceased and sent the same in a sealed cover along with usual papers.;