Vishnu Sahai, J. - (1.) THROUGH this appeal Babu Ram and Ram Bahadur challenge the judgment and order dated 20.7.1983 passed by Sessions Judge, Kheri in Sessions Trial No. 326 of 1982, whereby they have been convicted and sentenced in the manner stated hereinafter: (1) under Section 302/34, I.P.C. to suffer imprisonment for life ; and (2) under Section 324/34, I.P.C. to suffer six months R.I. Their sentences on both the counts have been directed to run concurrently.
(2.) SHORTLY stated the prosecution case runs as under: The informant Naval Kishore P.W. 1 is the son of deceased Chandra Bhal alias Putan. Appellants Babu Ram and Ram Bahadur real brothers inter -se, are the cousin of the informant ; their grandfathers being real brothers. At the time of the incident, the informant, the deceased Chandra Bhal alias Putan, the Appellants, Mangal Din P.W. 2, Harbans P.W. 3, Paikarma Din C.W. 1 and Uma Shanker C.W. 2 were living in village Tikaula within the limits of police station, Neemgaon, district Kheri. 2.1. On 5.4.1982 at about 8.00 p.m. the informant, his father Chandra Bhal alias Putan, Harbans P.W. 2, Paikarma Din C.W. 1, Satya Narain and Mangal Din P.W. 2 were sitting near the sugarcane crushing machine of Mangal Din. A lantern was burning there. There was also moon light. At that time Appellant Ram Bahadur armed with a kanta and Appellant Babu Ram armed with a banka came and in challenging tone told Chandra Bhal alias Putan as to why he did not partition the grove. He replied that they had cut his share of sheesham trees ; used to cut his trees ; and he would lodge an F.I.R. On that Appellant Ram Bahadur with a kanta and Appellant Babu Ram with a banka assaulted him. When Mangal Din tried to rescue Chandra Bhal alias Putan, he was also assaulted by the Appellants, resulting in injuries on his fingers. 2.2. Apart from the informant Naval Kishore and Mangal, this incident was seen by Harbans, Paikarma Din, Uma Shanker and some others. 2.3. As a consequence of the assault Chandra Bhal alias Putan succumbed to his injuries on the spot. After assaulting Chandra Bhal alias Putan and Mangal Din, the Appellants ran away. 2.4. Thereafter, the informant wrote his F.I.R. and along with the corpse of his father on a bullock -cart, accompanied by Mangal Din, Paikarma, Satya Narain, Harbans and Uma Shanker proceeded to police station Neemgaon where he lodged his written F.I.R. The evidence of Constable Kaushlendra Singh P.W. 5 shows that on 5.4.1982, at 11.30 p.m. the informant Naval Kishore came to police station Neemgaon and lodged his written F.I.R. on the basis of which he prepared the chik F.I.R. Ext. Ka -4. A perusal of the chik F.I.R. shows that the distance between the place of incident and the aforesaid police station is four miles.
(3.) THE evidence of S.I., T. N. Lal C.W. 3 shows: On 5.4.1982 the F.I.R. was lodged in his presence. He took over the investigation and performed the inquest on the corpse of the deceased, which had been brought by the informant on a bullock -cart and recovered a matress, scarf and sheet all of which were blood stained, from the bullock -cart, vide recovery memo, Ext. Ka -13. He then proceeded along with the complainant and others to the place of incident, where he recorded the statement of complainant and Mangal Din. He, thereafter, sent Mangal Din for medical examination. He then prepared site plan and seized from the place of incident plain and blood stained earth in separate containers under recovery memos. On 15.4.1982, he recorded the statements of Paikarma Din, Satya Narain, Harbans and Uma Shanker. Since the Appellants were not traceable, he submitted a report for initiating proceedings under Section 82/83, Cr. P.C. On 3.5.1982 the Appellants surrendered in the Court and were sent to jail. On 15.5.1982 he submitted charge -sheet against them.;