Vishnu Sahai, J. - (1.) This appeal has been preferred by Buddhu, Hridai Ram and Ram Sumer against the judgment and order dated 27.3.1981 passed by the Vth Additional Sessions Judge, Faizabad in Sessions Trial No. 349 of 1980, whereby they have been convicted and sentenced in the manner stated hereinafter: (i) under Section 302/34, I.P.C. to imprisonment for life ; and (ii) under Section 203, I.P.C. to three months' R.I. The sentences on both the counts have been directed to run concurrently.
(2.) SHORTLY stated, the prosecution case runs as under : The informant Thekedar P.W. 1 is the son of the deceased Raja Ram and the injured Smt. Bachchi Devi P.W. 3. At the time of the incident, the informant, Raja Ram, Smt. Bachchi Devi, Babu Lal alias Babu Ram P.W. 2, Chhingu P.W. 4 and the three appellants, namely, Buddhu, Hridai Ram and Ram Sumer, were living in Kalupurwa, hamelt of Achraura, within the limits of police station Inayat Nagar, District Faizabad. On 27.7.1980, at about 6.00 a.m., when the bullock of appellant Buddhu started eating the fodder in the trough of the informant Thekedar, the informant's father Raja Ram removed it. Raja Ram protested to Buddhu that his bullock used to eat his (Raja Ram's) fodder and he should keep the same tied. Buddhu took exception to it. On the said date, at 8.00 a.m., when Raja Ram and his wife Smt. Bachchi Devi, along with their bullock, were going to plough their field and had reached near Itehwa Mango tree, appellants Buddhu Hridai Ram and Ram Sumer, armed with lathis, came and said that today we have got him, kill him (Aaj mila hai mar lo). Thereafter, the three appellants assaulted Raja Ram with lathis and when Smt. Bachchi Devi rushed to Raja Ram's rescue, they also assaulted her with lathis. Hearing the cries of Raja Ram and Smt. Bachchi Devi, the informant, Babu Lal alias Babu Ram P.W. 2, Chhingu P.W. 4 and some others came and on their intervention the appellants ran away. As a consequence of the assault, Raja Ram was precariously injured. Thereafter on a cot, the informant took Raja Ram, along with Smt. Bachchi Devi (on a cycle) to police station Inayat Nagar where he lodged his F.I.R. The evidence of Chandra Deep Jaiswal P.W. 6 shows thus : "On 27.7.1980, he was posted as Station Officer at police station Inayat Nagar and in his presence Constable Moharrir Ramdhiraj Pandey registered a case on the basis of the written F.I.R. lodged by Thekedar P.W. 1, vide General Diary entry (Ka-5). (A perusal of chik F.I.R. shows that the case was registered on 27.7.1980 at 11.10 a.m. under Section 308/323, I.P.C. at police station Inayat Nagar, District Faizabad, which was situated at the distance of three miles). Thereafter, he sent Smt. Bachchi Devi and Raja Ram to Primary Health Centre, Milkipur for medical examination. 3A. It is significant to mention that on the death of Raja Ram the case was converted to Section 302, I.P.C.
(3.) THE evidence of Dr. P. N. Singh (P.W. 5) shows that on 27.7.1980, he was posted as Medical Officer, Primary Health Centre, Milkipur and at 11.35 a.m. Constable Satyendra Singh produced Raja Ram, before him and at that time Raja Ram was dead. His evidence also shows that the same day at 11.45 a.m. he medically examined Smt. Bachchi Devi and found on her person the following injuries: (i) Red contusion 8 cm. 1.5 cm. oblique on the back of right shoulder ; (ii) Contused swelling red in colour in area of 8 cm. 6 cm. with non (sick) abrasion 1 cm. 0.5 cm. on the back of left hand 1 cm. below left wrist joint ; (iii) Red contusion 10 cm. 2 cm. oblique on the right thigh upper 1/3rd part outer side ; (iv) Red contusion 8 cm. 2 cm. oblique on the right leg middle 1/3rd part outer side ; (v) Red contusion on 5 cm. 2 cm. oblique on the back of right leg 4 cm. below injury No. 4 ; (vi) Red contused swelling in an area of 4 cm. 3 cm. on the left knee joint (sick) ; (vii) Red contusion 6 cm. 2 cm. on the back right side middle 1/3rd part 6 cm. outer from mid. line back c/o pain on right ankle but no mark of external injury seen. In the opinion of Dr. P. N. Singh, excepting injury No. 2, which was kept under observation and for which he advised x-ray of left hand, the remaining injuries were simple in nature ; caused by a blunt object ; and the duration of the injuries was fresh. ;