- (1.) K. N. Ojha, J. Both these appeals have been preferred against the same judgment dated 22-1-1997, passed by learned IX Additional Sessions Judge, Kanpur Nagar, in S. T. No. 1029 of 1996, State v. Basant Singh and 2 others, by which appellants Basant Singh and Udai Singh have been convicted under Section 302 read with 34 IPC and appellant Bharat Singh is convicted under Section 302 IPC and each one of them is sentenced to undergo life imprisonment and a fine of Rs. 5,000 also and in default of payment of fine, further rigorous imprisonment of six months. On realisation of fine a sum of Rs. 10,000 is to be given to Smt. Pushpa Devi, widow of deceased Kripal Singh.
(2.) APPELLANTS Basant Singh and Udai Singh were represented by Sri Ramendra Asthana, Sri Anil Srivastava and Sri Anil Kumar Singh, Advocates, but they did not appear to advance arguments. Sri Amar Saran, Advocate, was appointed amicus curiae for accused Bharat Singh, who is confined in Jail. Sri Amar Saran agreed and argued the appeal for all the three appellants. According to prosecution, deceased Kripal Singh is the son of accused Basant and real brother of accused Bharat Singh. Udai Singh, another accused is real uncle of Kripal Singh. Basant Singh and Udai Singh caught hold of Kripal Singh alias Badshah Singh aged about 28 years, on 27-5-1996 at 9. 30 a. m. near the house of Gulab Singh in their village Nasara, Police station Narwal, district Kanpur Nagar and Bharat Singh pierced iron bar in the abdomen of Kripal Singh resulting in his instantaneous death. Informant Smt. Pushpa Devi, widow of the deceased, lodged FIR under Sections 302, 506 IPC bearing Crime No. 91/96 at police station Narwal, district Kanpur Nagar on the same day at 10. 30 a. m. against all the three appellants. The distance of the police station is 2 km. from the place of occurrence. It is alleged in the FIR that Smt. Pushpa Devi has been living with her husband Kripal Singh in her room in the same house in which accused live, which is situated in village Nasara, police station Narwal, district Kanpur Nagar. Basant Singh accused, father of the deceased, did not give share of deceased to him in landed property. When deceased insisted, threatening was given to get him killed. On 27-5-1996 at about 9. 30 p. m. when Kripal Singh was going to Kanpur Nagar to attend his duty, as he was in private service, and reached near the house of Gulab Singh, Basant Singh and Udai Singh caught hold of him and Bharat Singh stabbed iron bar in his stomach, resulting in his instantaneous death. Post-mortem examination on the dead-body of Kripal Singh, aged about 28 years was done in the mortuary of Kanpur Nagar on 28-5-1996 at 11. 30 a. m. and following ante-mortem injury was found: (1) Punctured wound 1 cm. x 1 cm. x abdominal cavity deep 12 cm. below right nipple.
(3.) AT the time of post-mortem examination rigor mortis passed off from both extremities. Eyes were closed. Peritoneum was punctured on right side. In abdominal cavity 1. 5 litre blood was present. In stomach 4 ounce fluid was present. Small intestine contained half full gases and big intestines contained half full faecal matter. Death was due to shock and haemorrhage as a result of ante-mortem injury. Chick report was prepared by P. W. 1 constable Hanuman Prasad, investigation was started by PW-5 Hoti Lal Verma who prepared inquest report, site-plan and recovery memo of iron bar, which was recovered from the possession of appellant Bharat Singh. The recovery memo is Ext. Ka-11. The recovery is said to have been made from the place near Balika Vidyalaya, Narwal. Rest investigation was completed by PW-6 police sub-inspector Babu Singh, who recorded the statements of eye-witnesses P. W. 3 Smt. Pushpa Devi and P. W. 4 Chhanga Singh. Iron bar, pant, shirt, underwear, shoes and trousers of the deceased were sent to chemical examiner, on which human blood was found. After the charge- sheet was submitted, the case was committed to the Court of Session and the charge was framed by learned IX Addl. Sessions Judge against Basant Singh and Udai Singh under Section 302 IPC read with Section 34 IPC and against Bharat Singh under Section 302 IPC.;