M. C. Jain, J. - (1.) -Both these appeals arise from the judgment and order of conviction and sentence dated 10.4.1986, passed by Sri Sarnam Singh, the then IIIrd Additional Sessions Judge, Etawah, in Sessions Trial Nos. 321 of 1981 and 145 of 1982, which were tried together. The appeals are also being decided by this common order. In Criminal Appeal No. 1251 of 1986 the appellant is Sudhir Kumar Verma whereas Mussa Chikwa alias Virendra is the appellant in Criminal Appeal No. 595 of 1987 which has been preferred from jail. Both of them have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment. In Criminal Appeal No. 595 of 1987 Sri Manish Tiwari was appointed amicus curiae under order dated 15th July, 2002. In Criminal Appeal No. 1251 of 1986 the appellant Sudhir Kumar Verma is represented on record by Sri G. P. Dixit, advocate who did not turn up. For him also, in the interest of justice, we appointed Sri Manish Tiwari as amicus curiae who assisted the Court. We have heard his arguments. From the side of the State Sri Shekhar Yadav, learned A.G.A. has been heard.
(2.) THERE were allegedly two other accused besides the present two appellants. They were Prem Kumar and Naresh Kumar alias Ramesh. The trial of Prem Kumar was separated by lower court's order dated 16th July, 1984 and Naresh Kumar alias Ramesh died during trial itself. The incident occurred on 29th July, 1981 at about 8 p.m. in Mohalla Homeganj of town Auraiya (then comprising in District Etawah). The deceased was Sudhir Kumar Sharma whose brother Yogesh Chand Sharma P.W. 5, an eye-witnesses, lodged F.I.R. at police station Auraiya the same night at 8.30 p.m. The role of catching hold of the victim was assigned to the accused appellant Mussa Chikwa alias Virendra and the deceased accused Prem Kumar whereas the appellant Sudhir Kumar Verma and the accused Naresh Kumar alias Ramesh (now dead) allegedly gave knife blows to the victim. At the fateful time, the victim was coming to his house. In the way, he was zeroed in by the accused persons in Mohalla Homeganj. The accused appellant Sudhir Kumar Verma and Naresh Kumar alias Ramesh (now dead) allegedly gave him knife blows whereas the other two caught hold of him during the assault. On the hue and cry raised by the victim, his brother Yogesh Chand Sharma P.W. 5 and uncle Shivnandan Lal Sharma rushed up and challenged the assailants. There was sufficient electric light at the spot. All the four culprits ran away, but they were very well seen by the said two witnesses as well as by Anil Kumar Singh and Munnu. On receiving injuries, Sudhir Kumar Sharma had fallen down and was bleeding profusely. Yogesh Chand Sharma P.W. 5 wrote down an F.I.R. and took his injured brother too to the police station where the F.I.R. was lodged. The distance of police station from the place of occurrence was only 1-1/2 furlong. The victim was then taken to P.H.C., Auraiya at about 8.45 p.m. The Doctor was not present there and Pharmacist Mukta Prasad P.W. 8 referred him to Helet Hospital, Kanpur. He, however, died on his way to Kanpur. The Investigating Officer Rajvir Singh P.W. 7, it is alleged, recorded the statement of the victim at the police station before he was sent for medical examination and treatment.
(3.) SKIPPING unnecessary details, we may mention that the autopsy on the dead body of the deceased was conducted by Dr. S. P. Srivastava P.W. 6 on 30th July, 1981 at 4.20 p.m. He was aged about 24 years and about 3/4 day had passed since he died. The following ante-mortem injuries were found on his person : (1) Contusion 3 cm. 2 cm. on the forehead. (2) Stab wound 2-1/2 cm. 1/2 cm. abdominal cavity deep on front of right side of chest. (3) Stab wound 2-1/2 cm. 1-1/2 cm. muscle deep on outer side of left upper arm, 15 cm. down left shoulder. (4) Stab wound 2-1/2 cm. 1-1/2 cm. muscle deep on back of left upper arm 4 cm. away injury No. 3. On internal examination, peritoneum was found punctured. Liver and gall bladder were also found punctured. Death had occurred due to shock and haemorrhage resulting from ante-mortem injuries. At the trial the defence of the accused appellants was of denial and false implication due to enmity.;