- (1.) U. S. Tripathi, J. The appellants have preferred the appeal against the judgment and order dated 30-4-1981 passed by Vth Addl. Sessions Judge, Allahabad in Session Trail No. 231 of 1980, convicting the appellants under Section 302 read with Section 34, IPC and sentencing them to imprisonment for life. The prosecution story briefly was as under:
(2.) BHADAI, deceased was real brother of appellant Ram Khelawan. Appellant Ram Murat @ Balai was son of Ram Khelawan and Masuriya Din, PW 3 was son of BHADAI deceased. Civil litigations were pending between BHADAI and Ram Khelawan and at the time of occurrence of this case cases were pending before the High Court and the Consolidation Officer. On account of above litigation there was enmity between the parties. On the morning of 24-9-1978, Ram Avtar Singh, PW 1 resident of the village of the appellants and the deceased was cutting Chari (green fodder) in the field of Munshi, which he had taken on Batai. His cousin brother Shiv Singh, PW 2 was also cutting green fodder in the nearby field. At about 8. 30 a. m. Bhadai deceased was coming from the village side with a bundle of flowers on his back. Behind him appellant Balai alias Ram Murat and Ram Khelawan were coming. Both appellants were armed with lathis. When Bhadai deceased reached on south eastern corner of the field of Hardeo, both the appellants abused him and started causing injuries on him with lathis. Bhadai raised alarm and fell down. Hearing his shrieks Ram Avtar Singh, PW 1, Shiv Singh, PW 2 and Dharam Singh rushed towards him to save him. Both the appellants started running towards north. The above three witnesses chased the appellants and apprehended them at some distance by causing injuries and brought them where Bhadai was crying and floundering. Dharam Singh came to village to bring charpai. In the mean time Bhadai died. Ram Avtar Singh prepared report Ext. Ka-1 of the occurrence and came to police station. Pooran Mal and Duryodhan brought the appellants to the police station along with their lathis. Ram Avtar lodged report of the occurrence of the police station Kokhraj, district Allahabad at 10. 30 a. m. on 24-9-1978. Chick FIR Ka-3 was prepared by Head Constable Shiv Kumar Singh who made an endorsement of the same at G. D. report, Ext. Ka-4 and registered a case under Section 304, IPC against the appellants. The appellants were taken into custody and their lathis were also taken into possession and recovery memo Ext. Ka-2 was prepared by the Head Constable. The investigation of the case was taken up by Shri Madan Singh, IO PW 5. The papers relating to the case were received by the IO, at Kasba Bharwari at about 11. 15 a. m. He reached the spot at 12. 30, appointed panches and conducted inquest of the dead body of the deceased. He prepared inquest report Ext. Ka-5 and other relevant papers Ext. Ka-6 to 9. He sealed the dead body and handed over the same to constables Ram Naresh, PW 7 and Bharat Lal for taking it for post-mortem. Thereafter, he interrogated Ram Avtar, PW 1 and on his pointing out inspected the place of occurrence and prepared site plan, Ext. Ka-10. He also took into possession blood stained and simple earth from the spot and prepared recovery memo, Ext. Ka-11. He also took into possession the bundle of flowers lying on the spot and prepared recovery memo Ext. Ka-12.
(3.) AUTOSPY on the dead body of the deceased was conducted by Dr. D. N. Sharma, PW 6 on 25-9-1978, who found lacerated wounds and contusions as ante mortem injuries and cause of death as shock and haemorrhage. He prepared post-mortem report Ext. Ka-15. The IO again visited the village of occurrence on 26-9-1978 and interrogated Shiv Singh, PW 2, Masuriya Din, PW 3, Dharam Singh, Chandrika and others and on completion of investigation submitted charge- sheet Ext. Ka-14 on 12-10-1978. Cognizance of the case was taken by the Magistrate who committed the case to the Court of Sessions.;