G.D.DUBE, J. - (1.) THE appellants have preferred this appeal against the judgment and order of IV Additional Sessions Judge, Bulandshahar, convicting the appellant Ramvir under section 302 of I.P.C. and Rampal Singh and Chatar Singh U/s. 302 read with 34 of I.P.C. Each of them have been sentenced to imprisonment for life.
(2.) THE appellants are brothers. It is the prosecution case that in an election of Director of a cooperative society an enmity had developed between the accused and the complainant party. At that time Ramvir had threatened Yashpal that he will not leave him alive. It was alleged that when Yashpal was going to his GHER the appellants had ambushed him at 6.15 p.m. on 17.6.1978 near the field of Nekram in village Nandauna, P.S. B.B. Nagar, District Bulandshahar. Chatar Singh and Rampal caught hold of Yashpal and Ramvir inflicted knife blow. On alarm of Yashpal the witness Rajpal Singh, P.W. 2, Nakram P.W. 3 and Deepal Singh, P.W. 4 arrived. The assailants ran away. Yashpal died at the spot. After the occurrence Giriraj Singh lodged a written report at 7.35 p.m. same day in the above mentioned police station. The investigation was taken up by Ramvir Singh, S.I. (P.W. 7). He conducted the usual inquest and sent the body to the mortuary for post mortem. He collected blood stained and plain earth from the spot, prepared site plan and after other investigation and interrogation submitted charge -sheet.
(3.) THE post -mortem of the dead body of Yashpal was conducted at 3.30 p.m. on 18.4.1978 by Dr. Aqil Ahmad P.W. 5 who found one stab wound 1.5" xl" x chest cavity deep on right side chest 2" above the right nipple at 12 o'clock position. The 2nd and 3rd ribs had fractured. Pleura and right lung were lacerated. There was four ounces of semi digested food of blackish colour in the stomach. Small intestine too had semi digested food. Large intestine had faecal matter. Doctor opined that the death was caused about a day back on account of shock and haemorrhage.;