G.D.DUBE,.J. - (1.) THIS appeal arises from a judgment and order of Sessions Judge Bulandshahar who has convicted Tejpal under section 302 and Khyali under Section 302 read with 34, I.P.C. and sentenced each of them to undergo imprisonment for life. Khyali is the father of Tejpal. On the date of his statement under section 313, Cr.P.C. in 1978 he had given his age as 75 years. Tejpal was opined to be 25 years on the date of the statement by the Sessions Judge.
(2.) THE case of the prosecution as unfolded in the First Information Report lodged at 12.15 p.m. on 10.11.1978 was that at about 11.30 a.m., on that date Daulatram brother of Raghubir P.W. 1 was clearing the Nali for taking water in his field situated in village Jungle Pilkhila P.S. Nagaura district Bulandshahar. Khyaliram objected as to why he was clearing Nali near his field. Thereupon Daulatram said that unless he cleared the Nali water will not flow to his field. On this simple exchange of words Khyali caught hold of Daulat Ram and Tejpal gave a pharsa blow on his head. On alarm by injured and Raghubir, Banwari Lal, Faiyaz and several others arrived at spot. The assailants ran away. After the occurrence Raghubir went to the Police Station and dictated the First Information Report to the Head Moharrir. Injured Daluatram was taken to Primary Health Centre Kasiyar Kalan, Bulandshahar. He was examined at 12.30 p.m., on 10.11.1978. One incised wound 7 cm. x 1 cm. x bone deep 10 cm. from left ear was found. The bone was also cut in a dimension of 7 cm. x 1 cm. Thereafter, Daulat Ram was taken to Bulandshahar hospital. He died on the 7th day. The inquest proceedings pertaining to dead body of Daulatram was conducted by Dhandrapal Sharma P.W. 7. He sent the dead body to the mortuary in a scaled cover for post -mortem. The post mortem was conducted by Dr. R.K. Mittal P.W. 3 at
(3.) 15 p.m. on 16.11.1978. He found the same injury as found by the doctor of the Primary Health Centre P.W. 6 Dr. N.C. Agrawal. The doctor had found that the parietal bone had been cut. The brain was conjested in middle portion top. The stomach was empty. According to the doctor the death had been caused due to coma as a result of injury. 4. The investigation had been taken up by Chandra Pal Dutt Sharma P.W.9. He had interrogated the witnesses, prepared the site plan and submitted the chargesheet against the appellants.;