B.L.YADAV, J. - (1.) THE appellants Ram Murat and Smt. Sonia have preferred the aforesaid criminal appeal against their conviction and sentence under Section 302 and 302/109 I. P. C. and under Section 201 I. P. C. Ram Murat appellant No. 1 has been sentenced to undergo rigorous imprisonment for life on the first count and for three years rigorous imprisonment on the second count. Both the sentences have, however, been directed to run concurrently by the judgment and order dated 6.11.1982 rendered by Sri S. C. Jain, Sessions Judge, Mirzapur in S.T No. 59 of 1982.
(2.) THE occurrence was dated 8.11.1981 at about 2 p.m. The first information report (Ext. Ka-2) was lodged by Ram Kishan Chaukidar (P.W. 2) at Police Station - Kone of District Mirzapur at 11.30 p.m. on 9.11.1981. The police station was at a distance of 15 miles from the village Sesanai-Chulhiyawa Jungle the place of occurrence. In the first information report (page 2 of the paper book), it was stated that on 9.11.1981 at 11.12 p.m. the informant Ram Kishan Chaukidar (P.W. 2) was informed that in the Mazra Chul-hiyawa of Village Sasanai there was a dead body. The head was separated from other part of the body. The information was conveyed to the Chaukidar who went on the spot along with other persons and found drops of blood on the passage through the forest. The dead body was lying in a Naala to the South of the foot-path. At a distance of 40-50 paces, the head was also discovered and that the dead body was of one Deo Chand son-in-law of Gajadhar (P.W 4) and one Murahu was deputed to convey the news to the family of Deo Chand deceased and to trace out Smt. Sonia the wife of the deceased. As the persons having collected there informed that Deo Chand had come to the village to take his wife Smt. Sonia appellant No. 2 along with him, the informant thereafter proceeded to Police Station Kone and lodged the First Information Report Ext. Ka-2 the same night at 11.30 p.m. The first information report was recorded by P.W. 10 Head Constable Ram Naresh Yadav and he registered the case in the General Dairy Ext. Ka-14. He sent special report at 6.05 a.m. the next morning per constable Shyam Behari Singh. As R. P. Saroj (P.W. 9) the Investigating Officer was present at the police station when the report was lodged, he took the investigation in his hand and proceeded to the place of occurrence at 4.00 a.m. and reach there at 11 a.m. and found the blood lying on the foot path passing through the forest. He traced oul the dead body of Deo Chand. A trial of blood marks were seen. The inquest report Ex. Ka-7 was prepared and the dead body duly sealed was sent for post-mor­tem. Dr. G. D. Dubey P.W. 1 conducted the autopsy at 12.15 p.m. on 12.11.1981. He found following ante-mortem injuries on the person of deceased: (1) Incised wound on whole of the circumference of neck upper part at the level of body of the clavicle vertebrae on posterior part and just below the chin on anterior aspect. Head was Tying separately from the body. On placing the head on its original position, close to the other part of the body, the circumference of the wound was 39 cm. obliquely cut. Blood clots were piesent. (2) Incised wound 3 cm. x 2 cm. x muscle deep on right forearm front just below fossa. Direction oblique. (3) Incised wound 4 1/2 cm x 2-1/2 cm x muscle deep on right forearm posterior aspect, 6 cm. below eibow. (4) Abraded contusion 13 cm. x 9 cm. on left side chest, 5 cm below nipple. (5) Abrasion 7 cm. x. 2 cm. on back of right shoulder. (6) Abrasion 7 c.m. x 2 c.m. on front of right knee. The doctor was of the opinion the death was caused as a result of shock and haemorrhage by the aforesaid injuries.
(3.) THE prosecution examined P.W. 1 Dr. G. D. Dubey, who conducted the post-mor­tem examination, P.W. 2 Ram Kishun Chaukidar who lodged the first information report, P.W. 3 Lali who is a witness of the recovery of the dead body, P.W. 4, Gajadhar father of Smt. Sonia appellant No. 2 who stated that his daugher Smt. Sonia was married to deceased Deo Chand who has come to his house on 8.11.1981. and he has gone with his wife at 2 p.m. towards the forest. On the next day at about 8 a.m. Lali P.W. 3 came and informed that a dead body was lying in the forest and there were marks of blood on the path way and some persons of the village had also reached there. He went there and found the dead body but the head was missing which was traced out at the distance of 70- 80 paces towards the south. Thereafter the Chaukidar was informed about the incident who went to the police station and lodged the first information report.;