- (1.) M. C. Jain, J. Both these appeals challenge the order of conviction and sentence passed by Sri O. P. Saxena, the then Sessions Judge, Bareilly in Sessions Trial No. 303 of 1980 awarding them life imprisonment under Section 302 read with Section 34 IPC. The appellant in Criminal Appeal No. 2831 of 1980 is Pooran whereas Natthu and Chhadammi are the appellants in connected Criminal Appeal No. 2832 of 1980.
(2.) WE have heard Sri Satish Dwivedi, learned Senior Advocate, appearing for the appellants assisted by Sri Srikant and Sri Raghuraj Kishore Advocates, Sri G. S. Bisaria learned A. G. A. has been heard from the side of State in opposition. The facts may be stated shortly for proper appreciation. The deceased was Janki Singh, resident of village Dhanaiti Gujarwali, Police Station Aliganj, District Bareilly. The appellant Natthu is the son of Laxman whereas the appellant Pooran is the son of Dori Lal. Laxman and Dori are real brothers. The appellant Chhadammi is son of Sita Ram, brother of Dori's wife and was resident of village Rafiabad, Police Station Fatehganj (West) whereas the other two appellants resided in village Dhanaiti. The previous background was that Dori had earlier filed a case against Janki and others under Section 147/148/323 IPC which had ended in acquittal. As a result, Natthu and Pooran started nursing enmity against Janki and others. There was a field of deceased Janki in which crop of melon was sown. There was another field towards east which was lying vacant. Towards west, there was a passage whereafter there was another field lying vacant. Janki had placed a thatch in his field. On 14-5-1980 at about 6 p. m. Janki, his nephew Ram Pal PW 1 and son Kalyan PW 4 were sitting towards south of the thatch. The three appellants came from the side of the village. Natthu armed with a Kanta, Pooran with a spear and Chhadammi armed with a lathi, shouting abuses made a challenge. Janki, Ram Pal and Kalyan stood up and ran towards western side. Ram Pal was ahead of all followed by Kalyan and Janki was the last. The appellants chased them, surrounded Janki and began assaulting him with their weapons. Janki fell down but the appellants continued to assault him even thereafter. Om Pal PW 2 and Raghunandan rushed up on hearing the alarm and on their intervention, the appellants ran away towards the northern side. Janki succumbed to his injuries. Ram Pal lodged the FIR the same day at the Police Station which was four miles away. A case was registered and the police swung into action, investigation having been taken by the Investigating Officer D. P. Tiwari P. W. 7. He reached the place of occurrence in the night itself at about 2 a. m. The light being not sufficient, the dead-body was examined on 15-5-1980 between the 7 a. m. and 8. 30 a. m. and inquest report was prepared. The other formalities were completed whereafter the dead-body was sent for post mortem through Constable Ram Pal Singh PW 5. Post-mortem over the dead-body was conducted on 16-5-1980 at 4 p. m. by Dr. B. K. Andley PW 3. The deceased was of about 50 years and about 2 days had passed since he died. The following ante- mortem injuries were found on his person: (1) Abraded contusion 5 cm. x 3 cm on the right side of head 7 cm above right ear. The underneath bone was fractured. (2) Abraded contusion 3 cm x 1 cm on the middle of head, 7 cm from Injury No. 1. (3) Incised wound 4 cm. x 1 cm. x bone deep on the left side head 6 cm above left ear. The underneath bone was fractured. (4) Lacerated wound 4 cm. x 4 cm on the left ear pinna. The labule was badly lacerated. (5) Incised wound 2 cm. x 0. 5 cm. x bone deep on the left side face 2 cm. from left eye. (6) Incised wound 3 cm x 1 cm x bone deep on the nasal bridge. The nasal bone was fractured. (7) Both eyes contused and bulging. (8) Incised wound 5 cm. x 5 cm. on the front of face 1-1/2 cm. above upper lip just below nose. (9) Contusion 6 cm. x 4 cm. on the right side abdomen in middle. (10) Abraded contusion in an area 8 cm. x 5 cm. on the middle of sternum on chest. (11) Scrotum and penis swollen. (12) Lacerated wound 4 cm. x 1-1/2 cm. x bone deep on the left side chin just below lower lip. The chin was fractured. (13) Lacerated wound 5 cm. x 1 cm. x bone deep on the right side chin 1/2 cm. below right lower lip. (14) Lacerated wound 5 cm. x 2 cm. x bone deep on the back of left elbow joint. (15) Contusion 8 cm. x 4 cm. on the outer side of right buttock. (16) Contusion 6 cm. x 3 cm. on the front of right knee joint. (17) Contusion 8 cm. x 3 cm. on the front of left leg just below the knee joint. (18) Contusion 10 cm. x 6 cm on the outer side of left thigh in middle.
(3.) ON internal examination, membranes were found lacerated. The brain was liquefied. Right frontal bone was fractured. Left temporal and parietal bones were fractured. 3rd to 7th ribs were fractured on the right side and 3rd to 5th ribs were fractured on the left side. Pleura was cut. Both the lungs were congested. 200 gms of semi-digested food was found in the stomach. Both the intestine contained faecal matter and gases. The cause of death was shock and haemorrhage due to ante-mortem injuries sustained by the deceased. At the trial, the prosecution in all examined seven witnesses out of whom, Ram Pal Singh PW 1, Om Pal PW 2 and Kalyan PW 4 were eye-witnesses. The rest were Doctor, Investigating Officer and other formal witnesses.;