Vishnu Sahai, J. - (1.) This appeal has been preferred from Jail by Brij Kishore against the judgment and order dated 12th October, 1999 passed by the IV Additional Sessions Judge, Deoria in Sessions Trial No. 68 of 1997 whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under section 302, Indian Penal Code Shortly stated the prosecution case runs as, under: Informant Awadhesh Kumar Singh (P.W. 1) at the time of the incident was the Pradhan of the village Padari Gajraj situated within the limits of P.S. Lar in District Deoria. On 25th July, 1996 at 5 A.M. he received information that the appellant Brij Kishore had murdered his son Ranjit and his wife Basanti Devi with a Gandasa and the incident was seen by Gopal (P.W. 3), Ram Singar. Yadurani Devi, Sunesara and many other villagers. On the said information he proceeded to P.S. Lar and the same day at 8.10 a.m. he lodged his F.I.R. It is pertinent to mention that on the basis of the F.I.R. a case under section 302 Indian Penal Code was registered against the appellant. A perusal of the Chik F.I.R. shows that the distance between the place of the incident and P.S. Lar was 9 kms.
(2.) The evidence of S.I. Virendra Kumar Mishra (P.W. 5) shows that on 25.7.1996 the informant Awadhesh Kumar Singh (P.W. 1) came to Police Station Lar and lodged his F.I.R. averring therein the facts mentioned in paragraph 1. His evidence shows that on the basis of the F.I.R. Head Moharrir Rana Pratap Singh who he had seen writing and signing, registered a case against the appellant. Thereafter S.I. Virendra Kumar Singh proceeded to the place of the incident where he found the dead body of Ranjit and Basanti Devi lying inside the house of the appellant and the appellant present. By the side of the dead-body of Ranjit a gandasa was lying. He performed the inquest on the corpse of the deceased persons and thereafter sent them for autopsy and seized the Gandasa under a recovery memo. He then recorded the statement of eye-witnesses Ram Singar, Smt. Jaduranni and Atal Kumar Singh, the son of the deceased and thereafter prepared the site-plan, he then recorded the statement of the appellant and lodged him at the hawalat of the Police Station. On 25th July, 1996 he recorded the statement of Sunesara and eye-witness Gopal. On 8th August, 1996 he sent blood stained earth and Gandasa to the Chemical Analyst. On 31st July, 1996 he received the report of Chemical Analyst. On 8th August, 1996 he submitted charge-sheet against the appellant.
(3.) Going backwards, the autopsy on the corpse of the deceased Ranjit and Basanti Devi was conducted on 26.7.1996 at 3 P.M. and 3.30 P.M. respectively by Dr. R.P. Pandey (P.W. 4). On the person of Ranjit Dr. Pandey found the following ante-mortem injuries: 1. Incised wound of 8 cm x 4 cm bone deep on the front of head 10 cm above left eyebrow. 2. Multiple incised wound on the left side of neck. 3. Incised wound on the left side cheek. 4. Incised wound on the right arm. 5. Incised wound on the left arm back. On the person of Basanti Devi Dr. Pandey found a multiple incised wound on the front of neck. The cause of death spelt out in the postmortem of the deceased persons was shock and hemorrhage on account of ante-mortem injuries. In his deposition in the Trial Court Dr. Pandey stated that the deceased persons could have died as a result of ante-mortem injuries suffered by them on 25th July, 1996 at 5 a.m.;