M. Chaudhary, J. - (1.) -This is a jail appeal from judgment and order dated 17th of March, 1999, passed by Sri Ram Lal special Judge (E.C.) A.S.J., District Farrukhabad in Sessions Trial No. 692 of 1995, State v. Ram Sahai and others convicting the appellants under Section 302, I.P.C. and sentencing each of them to imprisonment for life thereunder.
(2.) CO-accused Ram Sahai who was also convicted along with the appellants above named under Section 302, I.P.C. and sentenced to imprisonment for life thereunder also filed Jail Appeal No. 2667 of 1999, Ram Sahai v. State of U. P., but that appeal stood abated as Ram Sahai was reported having died. Brief facts giving rise to this appeal are that at about 8.35 a.m. on 29th of August, 1995, Smt. Shakuntala lodged an F.I.R. at police station Farrukhabad Kotwali, district Farrukhabad that she was married with Hira Lal son of Ram Sahai some two years ago but since the very inception from her marriage there was a dispute over the family house between her husband Hira Lal on one hand and her father-in-law Ram Sahai and her husband's younger brothers Ram Asrey and Bramhanand on the other as they did not want that she should reside along with her husband at Harijan Nagla Papiyapur and quarrel had taken place between them several times. On account of fear Smt. Shakuntala started residing at Mukhia Ka Nagla Budhnamau and her husband Hira Lal also used to reside with her but at times he used to visit Papiyapur as he was constructing his own house over the land there. During the night between 28th and 29th August, 1995, Smt. Shakuntala and her husband Hira Lal were asleep in the dilapidated portion of the house as they had come last evening for supervising the constructions. Smt. Shakuntala was sleeping inside the apartment of the dilapidated portion and Hira Lal was asleep in the courtyard in front of the apartment and a lantern was lighted there kept near the door. At about 1.00 a.m. in the night Ram Sahai along with his sons Bramhanand and Ram Asrey reached there and pressed Hira Lal. On hearing the shrieks of Hira Lal, Shakuntala came out in the courtyard and saw Bramhanand giving spade blows to her husband. Thereon she raised hue and cry attracting thereby one Hiralal son of Ghurai Lal, Ram Das and Daya Ram to the scene of occurrence and sighting them the assailants took to their heels. It was also mentioned in the F.I.R. that on account of fear Smt. Shakuntala could not go to the police station to lodge an F.I.R. soon after her husband's murder. The crime was registered at the police station against the accused. S.I. Manoj Kumar Awasthi the Investigating Officer visited the scene of occurrence and got the spade thrust into the head of the deceased removed and drew inquest proceedings on the dead body of Hira Lal preparing the inquest report (Ext. Ka-5) and other necessary papers (Exts. Ka-6 to Ka-9). He prepared the recovery memo of the spade recovered and that of blood stained and simple earth collected from the scene of occurrence (Ext. Ka-11). The Investigating Officer also recorded statements of the witnesses and did other necessary things.
(3.) AUTOPSY conducted on the dead body of the deceased by Dr. Yogendra Pratap Medical Officer District Hospital, Fatehgarh on 29th of August 1995 at about 5.10 p.m. revealed three ante-mortem incised wounds on the dead body one 13 cm. 1.5 cm. cavity deep over left side of head occipital region and underlying bone cut and brain matter coming out and two ante-mortem incised wounds on left side back of neck one 12 cm. 2 cm. bone deep and 3rd cervical vertebrae cut and the other 11 cm. 3 cm. cervical vertebrae deep 3 cm. below the neck injury aforesaid with margins clean cut. On an internal examination occipital bone on left side was found cut and fractured and brain and its membranes also cut. The doctor opined that death was caused due to shock and haemorrhage as a result of ante-mortem injuries about half a day ago. After completing the investigation the police submitted charge-sheet (Ext. Ka-12) against the accused accordingly.;