I. S. Mathur, J. - (1.) SESSIONS Trial No, 515 of 1978 and SESSIONS Trial No. 621 of 1978, arising out of the same crime No. 245 of 1978, Police Station Amroha, District Moradabad, have been disposed of by the learned SESSIONS Judge, Moradabad by a common judgment dated 16-2-1979 in SESSIONS Trial No. 515 of 1978 appellant Jumma alongwith Buddhan and in SESSIONS Trial No. 621 of 1978 accused Kalua were charged under section 302 read with section 34 IPC and section 323 read with section 34 IPC. The learned SESSIONS Judge has acquitted accused Buddhan and Kalua of both the charges. Appellant Jumma alone has been convicted under sections 302 and 323 IPC and sentenced to life imprisonment under the first count and rigorous imprisonment of one year under the second count. This appeal by Jumma is directed against the said judgment and order.
(2.) THE prosecution case is that accused Jumma and deceased Hamidullah were sons of one Buddhan by different wives. Informant Raunaq Ali (PW 5) is the son of the deceased. Accused Kalua was said to be brother- in-law of Jumma and Buddhan was said to be his associate. THEre was a dispute between accused Jumma and deceased Hamidullah over a Kotha, belonging to their father, and it was ultimately taken by Hamidullah on payment of Rs. 300/- to his father. This caused annoyance to appellant Jumma and he threatened the deceased with dire consequences a day before the incident. On 15-6-978 at 8.00 A.M. the informant (PW 5) Raunaq Ali and his father, Hamidullah deceased, were returning to their house on their bullock cart after manuring their field. When they reached the field of one Abdul Hamid, which was earlier a grove, they were assaulted by all the three accused with lathis: On their cries, PW 1 Zahid, PW 4 Ramzani and PW 7 Alauddin came to the scene of occurrence and reprimanded the accused who escaped Hamidullah succumbed to his injuries. Leaving the dead body of his father, informant PW 5 Raunaq Ali lodged First Information Report (Exhibit Ka-4) at the police station Amroha, three miles from the place of occurrence, at 10.15 a.m. First Information Report was scribed by Head Constable PW 8 Charan Singh who also prepared the report (Exhibit Ka-5). The investigation of the case was taken up by PW 9 S. I. Raj Pal Singh who happened to be present at the police station. He recorded the statement of Raunaq Ali, who was then sent for medical examination. On medical examination PW 2 Dr. Ajai Pal Singh found the following injuries on the person of PW 5 Raunaq Ali :- 1. Oblique lacerated wound size 4 cm x 1/2 cm x skull deep on the median plain of scalp 5 cm away from forehead hair line. Under observation. 2. Contusion size 6 cm x 2 cm on the dorsal aspect right fore-arm 3 cm below the right elbow joint. 3. Contusion size 3 cm x 2 cm on the dorsal aspect right forearm 4 cm below injury no. 2. 4. Contusion, size 16 cm x 4 cm on the lateral aspect of left thigh 13 cm below the anterior, superior iliac spine. 5. Oval abrasion size 1 cm x cm on the lateral aspect of left leg 12 cm below the left knee joint. 6. Oval abrasion size 1 cm x 3/4 cm on the lateral aspect of left leg 11 cm below the injury no. 5. According to Dr. Ajai Pal Singh, all the injuries were simple and were fresh and were caused by blunt weapon. He prepared bis report (Exhibit Ka-1).
(3.) THE Investigating Officer PW 9 S. I. Raj Pal Singh went to the spot and prepared a panchayatnama (Ex. Ka-2). He also prepared the papers Exhibits Ka-6, Ka-8 and Ka-9 and also memo regarding recovery of blood stained 'parala' (Exhibit Ka-3). A site plan (Exhibit Ka-10) was also prepared by him. THE dead body of deceased Hamidullah was sent for post-mortem with PW 6 constable Kripal Singh. On autopsy PW 18 Dr. S. P. Upal found the following ante-mortem injuries :- 1. Contusion cm 2 x 1 cm on the left part of lower lip. 2. Lacerated wound 2 1/4 cm x 1/2 cm x skin deep on the chin. 3. Lacerated wound 3 cm x 3 cm x skin deep on the left shoulder top. 4. Lacerated wound 2 cm x 1 cm x skin deep on the left hand palm in the web between 4th and 5th finger, 5. Lacerated wound 4 cm x 1 cm, muscle deep on the .back of middle of right forearm: 6. Contusion 8 cm x 5 cm on the front of right shoulder and arm. 7. Contusion 16 cm x 12 cm on the front and side of right side chest upper half. 8. Contusion 20 cm x 17 cm on the left side chest on the front part. 9. Lacerated wound 9 cm x 4 cm x bone deep on the front of middle of right leg. 10. Lacerated wound 4 cm x 2 cm x bone deep on the front of upper- third of right leg. 11. Lacerated wound 2 cm x 1 cm x skin deep on the dorsum of right foot. 12. Lacerated wound 3 cm x 1 cm x bone deep on the front of lower third of left leg. 13. Lacerated wound 3 cm x 1 cm x bone deep on the front of middle third of left leg. On internal examination Doctor found that 4th and 5th ribs under injury no. 7 and 6th and 7th ribs under injury no. 8 were fractured. Right lung was lacerated in the middle while left lung was lacerated in the lower portion. Stomach was empty. Bladder contained about 3 ounces of urine According to the Doctor death was caused due to haemorrhage and shock as a result of ante-mortem injuries. He prepared the post-mortem report (Exhibit ka-12). After completing the investigation the Investigating Officer submitted charge sheet against all the three accused.;