K.N.OJHA, J. - (1.) BOTH these appeals have been preferred against judgment and order dated 12.6.1997 by which learned special Judge, Gorakhpur has passed or ­der of conviction against Radhey under section 302 I.P.C. and has awarded him life imprisonment. Co -accused Suresh (respondent in Cr. Appeal No. 2313 of 1997) has been acquitted of the charge under section 302 read with section 34 I.P.C.
(2.) WE have heard Sri P.C. Srivastava, learned Counsel for Radhey and Suresh and Sri A.K. Varma, learned A.G.A. and have gone through the record. The occurrence is said to have taken place on 13.9.1995 at about 5.30 A.M. in village Jungle Ayodhya Prasad Badari Tola, Police station Gulariha, District Gorakhpur, F.I.R. of which was lodged by Smt. Dhaneshwari Widow of deceased Bhakol Kewat on 13.9.1995 at 7.45 A.M. against Radhey and Suresh. The place of occurrence is about 7 Km. from the police station. According to prosecution, Smt. Dhaneshwari resident of village Jungle Ayodhya Prasad Badari Tola, Police station Gulariha District Gorakhpur, lodged an F.I.R. that on 13.9.1995 at about 5.30 A.M. her husband Bhakol Kewat was going to respond natural call. When he reached the ridge of the field of Hub Lal and Mahangu, Radhey and Suresh (Brother -in -law, Sala, of Radhey) caught hold of him and Radhey caused injuries with knife. On alarm of Bhakol Kewat, Khaderu and Lal Chand of the same village, who were coming after responding natural call, rushed to the spot. Radhey' ran away showing knife. Bhakol Kewat died on the spot. The motive of committing murder was a dispute which took place about two months before, be ­tween Bhakol Kewat and Radhey.
(3.) AFTER the F.LR. was lodged at the police station, investigation was started by S.I. Parsu Ram Singh Kushwaha (P.W. 6) and continued by S.I.D.P. Pathak (P.W. 5). It was concluded by S.I. Rajendra Prasad (P.W. 7), who recovered knife at the point ­ing out of Radhey in the presence of the witnesses Ram Lalit, Ram Niwas, Ramakant and Munna Kumar on 22.9.1995 at about 10.30 A.M. in the same village from beneath the culvert, extending on the eastern side to the place of occurrence. Inquest report was prepared by the first investigating officer, and the dead body was sent to the mortuary of District Hospi ­tal, Gorakhpur. Post -mortem examination was done on 13.9.95 at 5 P.M. In the opin ­ion of Doctor, the age of Bhakol Kewat (deceased) was about 50 years. Following ante -mortem injuries were found on his body: - 1. Incised wound 15 cm. x4 -1/2 cm. x muscle deep, on front of neck. 2. Incised wound 6 cm. x 2 cm. x cavity deep, left side of chest. 3. Stab wound 2 cm. x 1 cm. x cavity deep on left side of chest. 4. Incised wound 4 cm. x 1 cm. x muscle deep on right side of chest. 5. Incised wound 2 cm. x 1 cm. x muscle deep on back side of left arm. 6. Stab wound 5 cm. x 3 cm. x cavity deep on left lower abdomen. Intestine was coming out of the wound. Left lung and pericardium were found punctured. About half litre clotted blood was present in the left chest cavity. Small intes ­tine was full of gases and the large intestine was also full of gases. In the opinion of the Doctor, death had taken place about half day before due to shock and haemorrhage as a result of ante -mortem injuries.;