- (1.) M. C. Jain. There are two appellants, namely, Jogi and Raj Deo who have assailed the order of their conviction under Section 302 I. P. C. read with Section 34 I. P. C. and sentence of life imprisonment passed on 15-10- 1981 against them by Sri C. L. Anand, the then III Additional Sessions Judge, Gorakhpur in S. T. No. 100 of 1981.
(2.) THE two appellants are represented on record by Sri Siddharth Shukla, Advocate who filed this appeal. However, he did not turn up to advance arguments even on the revision of list. We have heard Sri G. S. Bisaria, learned A. G. A. from the side of the State in opposition of the appeal and have gone through the record which has been summoned before us. We propose to decide the appeal on merits. The incident took place on 8-3-1980 at about 4. 30 p. m. in a filed outside in-habitation area in Village Kharkhariya, Police Station Compierganj, District Gorakhpur. The report was lodged the same night at 9. 30 p. m. by Hari Lal father of the deceased girl Reshma. The distance of the police station from the place of the occurrence was 12 miles. The deceased Reshma aged about 20 years daughter of the complainant used to go to the fields/crop area of the village to scrap grass. The two appellants residents of the same village Kharkhariya used to tease her with libidinous and lustful designs. Nearly a fortnight before the incident, Reshma had abused them, repelling their lustful overtures. The complainant himself had also reprimanded them when these two appellants were found loafing around his house. On the fateful day also, the girl had gone to the fields towards south of the village for scrapping grass and collecting forewood. Kanhaiya P. W. 3 son of the complainant informed him on returning from school that the two appellants had felled Reshma and were dragging her to Arhar field with a knot around her neck prepared with her Saree. When the boy reached nearer and raised alarm, Jayanti Tewari P. W. 2 and Vashishtha Tewari, who were on the way as also one Chetan rushed up and saw the two appellants killing her. The accused-appellants then ran away. On receiving the information, the complainant hurried to the field i. e. crime spot and found his daughter lying dead in Arhar field. Consequent upon the lodging of the FIR, a case was registered and investigation followed which was conducted by S. I. Ram Chandra Dubey P. W. 5 and concluded by S. I. Veer Bahadur Dubey P. W. 4. The post mortem over the dead body was conducted by Dr. Bhuneshwar Shahi P. W. 6 on 10-3-1980 at 2 p. m. The outcome of the same may be related here. The deceased was aged about 20 years and about two days had passed since she died. The following ante-mortem injuries were found on her person: (1) Tip of the nose chopped off 1-3/4" x 1". Clotted blood in nose and its wall present. (2) Incised wound on lower right eyelid 1/2" x 1/4" x muscle deep on lower part. (3) Incised wound upper eyelid left 1/2" x 1/4" x muscle deep. (4) Abrasion 2-1/2" x 1" on the right cheek, 1" front of right ear. (5) Contused Reddish swelling 4" x 2" size over right cheek. (6) Abrasion 1/2" x 1/2" over the left lower jaw. (7) Abrasion 1/2" x 1/3" on upper part right side of the neck. (8) Abrasion 1/4" x 1/4" on right side neck, 1" below injury No. (7 ). (9) Multiple abrasion in area 5" x 1" on the left side and middle of neck just above the left collar bone and the sternal notch. (10) 7" x 1/4" size abrasion encircling back and sides of the neck on lower part back of the neck. (11) Contusion with abrasion 2-1/2" x 1-1/2" front of the chest across the upper part of the breast bone. (12) Multiple abrasion in 3" x 2" area on the left breast. (13) Multiple abrasion in 2-1/2" x 1" area on the right breast. (14) Penetrating wound size 1-1/2" x 1/2" x abdominal cavity deep, lying across the upper abdomen epigastrium. (15) Incised wound 3" x 1/4" x muscle deep front abdomen, 1" below injury No. (14 ). (16) Penetrating wound 1-1/2" x 1/4" x abdomen cavity deep, 2" below injury No. (15 ). (17) Penetrating wound 3/4" x 1/4" x cavity deep 1- 1/2" below injury No. (16 ). (18) Penetrating wound 1" x 1/2" x cavity deep,just on the umbilicus, 1" below injury No. (17 ). (19) Incised wound 1/2" x 1/4" x muscle deep, 1" below injury No. (18 ). (20) Multiple incised wound (eleven in No.) just around the vagina size many injuries between 3/4" x 1/2" vaginal muscle wall deep. (21) Multiple incised wound (eleven in No.) on inner side of the left thigh size vagina between 3/4" x 1/2". (22) Multiple incised wound (seven in No.) on inner side of the right upper thigh. (23) Three small incised wound (3/4" x 1/2" size variation x muscle deep) on inner side right leg.
(3.) ON internal examination membranes and brain were found congested. Trachea was fractured. Peritoneum was punctured at several places. In the opinion of the Doctor, the death had occurred due to asphyxia and haemorrhage.;