VINOD PRASAD, J. - (1.) CHALLENGE in these two connected appeals by the three appellants Santosh (A-1), Chhatrapal (A-2) and Sunwan (A-3), , are to their convictions under section 302/34 I.P.C. and imposed sentence of life imprisonment therefor, imposed by 5th Additional Session's Judge, Hamirpur in S.T.No. 85 of 1979, State versus Chhatrapal and others, relating to police station Mahoba, district Hamirpur.
(2.) NARRATED briefly, unfolded background facts, as dictated orally at the police station Mahoba, district Hamirpur, by the informant (P.W. 1) Ram Swaroop, which was recorded as FIR Ext. Ka-1, and later on testified during the Session's trial by all the fact witnesses, were that informant and accused appellants were co-villagers, both being residents of village Chickhara. Informant's father Radha Charan and deceased Roop Singh's father Jamuna Das were real sibling brothers and hence informant and deceased both were cousins. Puniya @ Ahillya (P.W. 3) was deceased's wife and Subhash @ Santosh (P.W. 4), is their son. Accused appellants were mobsters and indulged in vandalism and denuding of crops and for that mischiefs, Roop Singh (deceased) had boxed and kicked them a year ago, because of which, accused appellants harboured revenge ill against the deceased. Village Chickhara, has a guava grove called Vrinda Van Ki Bagia. Towards east of the grove, at a distance of hundred paces, situates granary of the informant. Adjacent towards south and west of the grove is a runnel known as Kusmedi Nala. The grove was leased out to Maiku, when the incident in question occurred. On the incident date 14.12.78 informant had gone to the granary, at 8-9 a.m., to thresh his maize crop. Puniya @ Ahillya (P.W. 3) and Subhash @ Santosh (P.W. 4), deceased's wife and son, were also present there and were also plucking their maize crop. Deceased normally used to carry lathi and/or other weapon with him but due to the demise of his mother, on the incident date, he roamed empty handed and had come to his granery at 12- 1 p.m. That day (14.12.78) at 5 p.m. informant went to attend nature's call 15 or 20 paces away from the granary, when all the accused appellants appeared in the granary. Chhatrapal (A-2) and Sunwan (A-3) were armed with barchi whereas Santosh (A-1) and Rampal, non- appellant, were armed with spades. All the four miscreants caught hold of the deceased and started dragging him to Vrinda Van Ki Bagia. Deceased's wife and son vainly raised rescue cries, albeit it attracted the informant towards the Bagia, who witnessed the incident. Informant and deceased's wife requested and forbade accused to desist from their criminal act but their requests went unheeded. Deceased was ultimately dragged into Vrinda Van Ki Bagia, where he was annihilated by the accused with their respective weapons and thereafter his corpse was carried and dumped in Kusmedi Nala. After the murder, accused retreated towards their village. Informant and deceased's wife(PW3) went near the deceased's cadaver and found him dead. Informant, thereafter, returned to his village, where he witnessed that murderers were hurling general threats of being done away with, to the villagers, in case they help deceased family, and, therefore, informant could not proceed towards the police station immediately. After some time informant measured a distance of seven miles to the police station Mahoba, and arriving there at 1 a.m., dictated oral FIR, Ext. Ka-1, regarding the murder, which was penned down and registered same time, as crime number 199 of 78, U/S 302 I.P.C. by Head Moharrir Bahadur Singh (P.W. 5).
(3.) AFTER recording the FIR, Ext. Ka-1, Head Moharrir, (P.W. 5) prepared corresponding GD entry Ext. Ka-3. This witness had also prepared GD entry of three bundles of articles deposited by the Investigating Officer S.I. Rafat Kamal (P.W. 6), on 16.12.78, which is Ext. Ka-4. Investigation into the murder crime was immediately commenced by S.I. Rafat Kamal (P.W. 6), who recorded statement of Head Moharrir, P.W.5, and then came to the murder scene and conducted inquest on the cadaver of the deceased and prepared inquest memo Ext. Ka-5. Simultenously I.O. had sketched other relevant documents of Chalan Lash, Photo Lash, Ext. Ka- 6 and 7. Blood stained attires of the deceased-Kurta, under garment (Banyain), Dhoti, and sweater, were seized by the I.O., which are material Exhibits 1 to 4 and recovery memo of these attires are Ext. Ka-8. Sealing the dead body, the same was handed over to constables Lajja Ram and Siya Ram for being carried to the mortuary for autopsy purposes. Letter sent with the dead body is Ext. Ka-9. I.O., thereafter interrogated informant Ram Swaroop (P.W. 1) and conducted spot inspection and prepared site plan map, Ext. Ka-10. Blood stained and plain earth, material exhibits 3 & 4, were collected separately by the I.O. vide Ext. Ka-11 & 12 and thereafter inquest and recovery witnesses were interrogated by him. On 18.12.78, investigating Officer S.I. Rafat Kamal (P.W.-6) recorded statements of wife and son of the deceased and other witnesses. Assailants meanwhile had surrendered and were booked in penitentiary and therefore, I.O., recorded their statements. Concluding investigation, I.O. had charge-sheeted accused vide Ext. Ka-13. Blood stained attires and earth were also sent for chemical examination by the I.O. and serologist reports dated 19.2.79 and 3.2.79 indicate that human blood was present on the attires of the deceased.;