- (1.) THIS appeal has been preferred against order of conviction and sentence dated 10-4-1981, passed by Learned IIIrd Additional Sessions Judge, Varanasi, in S. T. No. 55 of 1980, State v. Ram Lal and 2 others, by which appellants Ram Lal, Shyam Ji and Shyam Lal are convicted under Section 302 read with Section 34 IPC and are sentenced to undergo rigorous imprisonment for life.
(2.) ACCUSED Ram Lal and Shyam Ji are real brothers and Shyam Lal is their cousin. They are residents of village Khajoorgaon, Police Station Moghal Sarai, District Varanasi, (now Chandauli ). The occurrence is said to have taken place on 27-12-1979 at 2. 30 p. m. in village Khajoorgaon, Police Station Moghal Sarai, District Varanasi, FIR of which was lodged by Sanjay son of the deceased Satya Narain Singh on 27-12- 1979 at 4. 00 p. m. The Police Station Moghal Sarai is at a distance of about 5 Km. from the place of the occurrence. Lateron, Satya Narain Singh died. After investigation, the accused/appellants were charge- sheeted and tried, resulting in impugned conviction. According to the prosecution story, the victim Satya Narain Singh and the accused persons are the residents of the same village Khajoorgaon and live in the same vicinity. A criminal case under Section 107 of the Cr. P. C. was contested between the parties in the year 1964. Lateron, one Ram Ji of the family of accused persons was killed in 1969 and the family members of the victim were prosecuted. Deceased Satya Narain Singh was making Pairvi for the accused in the case, who were convicted with life sentence, but their sentence was reduced in appeal. One day before 27-12-1979, hot talks had taken place between the deceased Satya Narain Singh and accused Shyam Lal and the latter had threatened the deceased Satya Narain Singh with dire consequences. On 27-12-1979 at about 2. 30 p. m. , when Satya Narain Singh alongwith his son Sanjay and his brother Shri Dhar was going from Kamlapur (Khajoorgaon) to Chandasi and when they reached at the distance of about 200 steps from the ruins of village Khajoorgaon, all the three appellants armed with lathis, came on the way and on the exhortation of accused Shyam Lal, rest two accused, namely, Ram Lal and Shyam Ji, caused injuries with lathis to Satya Narain Singh. Witnesses Budhu and Daya Ram ran to the spot and saw the occurrence. Accused ran away. Satya Narain Singh was brought to S. S. P. G. Hospital (Kabir Chaura), Varanasi, where his injuries were examined. The condition being serious, he was taken to B. H. U. Hospital, where he was declared dead by the Doctor. Post-mortem examination was conducted on the body of Satya Narain Singh, aged about 40 years, in the mortuary of B. H. U. Hospital, Varanasi on 28-12-1979 at 2. 30 p. m. and the following ante-mortem injuries were found on the body: (1) Lacerated wound 5 cm. x 2 cm. x skull deep. About 8-1/2 cm. above left ear. (2) Multiple contusions in an area of 12-1/2 cm. x 12- 1/2 cm. right side of the forehead and chest. (3) Multiple contusions in an area of 10 cm. x 5 cm. infront of neck.
(3.) THE death of Satya Narain Singh did take place due to Coma and head injuries. The prosecution examined P. W. 1 Shri Dhar, eye-witness of the occurrence, P. W. 2 Sanjay Kumar, who is the son of deceased Satya Narain Singh and eye-witness of the occurrence and they supported the prosecution story. P. W. 3 Police Sub-Inspector Sheo Dhari Singh, prepared inquest report and P. W. 4 Mangala Dubey, constable carried the dead-body to the mortury for the post- mortem examination. P. W. 5 Dr. Kripa Shankar of SSPG Hospital, Varanasi, conducted the autopsy on 28-12-1979 at 2. 30 p. m. and found the above mentioned ante-mortem injuries on the dead-body and prepared the post-mortem examination report. P. W. 6 is Keshari Prasad Tripathi, who investigated the case P. W. 7 Head Constable Ram Singh prepared Chik report and registered the case. P. W. 8 is Dr. R. B. Singh, who was posted at S. S. P. Hospital, Varanasi and had prepared the injury report of the victim in the hospital, from where he was sent to the B. H. U. Hospital, Varanasi.;