- (1.) M. C. Jain, J. Four persons, namely, Lakhan Singh, Ziledar Singh, Sobaran Singh and Shambhoo Singh were tried before the Vth Additional Sessions Judge, Farrukhabad in Sessions Trial No. 348 of 1979. Two of them, namely, Lakhan Singh and Ziledar Singh were acquitted whereas Sobaran Singh and Shambhoo Singh were convicted under Section 302, I. P. C. read with Section 34, I. P. C. and each sentenced to life imprisonment by judgment dated 28-1-1980. They have preferred this appeal.
(2.) OUT of them, Sobaran Singh died during pendency of the appeal and the appeal has abated so far as he is concerned. The incident occurred on 21-4-1979 at about 6. 30 p. m. in village Mansukhpurwa, P. S. Indergarh, then District Farrukhabad (presently District Kannauj ). The F. I. R. was lodged on 21-4-1979 at 9. 15 p. m. by Amar Singh PW 1 (eye-witness ). The distance of the police station from the place of occurrence was about 2 miles. The deceased was Daya Shankar (brother of the informant ). In 1973 the murder of the father of accused Lakhan Singh was committed and in that case the deceased Daya Shankar and his brother Amar Singh informant were involved as accused persons. The case against them ended in acquittal in 1974. On account of their acquittal, the accused persons felt enmity qua the complainant and his brother. The deceased Daya Shankar used to go to Khalihan in the evening. On the fateful day also he had gone to his Khalihan. The complainant Amar Singh and his brother Kashi Ram were unloading Lank from the bullockcart in their own Khalihan which was near the Khalihan of the deceased. The witness Sarman Singh PW 2 was nearby in his Khalihan. The four accused came from south-west and surrounded the deceased Daya Shankar. Lakhan Singh was armed with a small gun, Ziledar Singh had a spear, Sobaran Singh had a Pharsa and Shambhoo Singh had a lathi. On reaching near Daya Shankar, Lakhan Singh exhorted whereupon Sobaran Singh, Ziledar Singh and Shambhoo Singh started assaulting the deceased with their weapons. On the alarm raised by the deceased, the complainant and his brother Kashi Ram rushed up. In the meantime, Lakhan Singh opened fire from his gun. The witnesses Sarman Singh PW 2, Balwant PW 3 and Sri Krishan also came forward. They challenged the accused persons whereupon they ran away after causing injuries to the deceased with their weapons. Due to fear, the witnesses did not chase them. Daya Ram succumbed to his injuries then and there. On F. I. R. being lodged, the investigation was taken up by S. I. Ram Krishan Tripathi PW 7.
(3.) POST-mortem over the dead body of the deceased was conducted by Dr. B. P. Bhatanagar PW 5 on 23- 4-1979 at 4 p. m. He was aged about 40 years and about two days had passed since he died. In all, the following 13 injuries were found on his person: (1) Incised wound 2" x 1/2" x bone deep on the top of skull margin inverted. (2) Lacerated wound 1" x 1/2" x bone deep on the left side forehead 1/2" above root of nose. (3) Lacerated wound 1/2" x 1/2" x bone deep 1" lateral to injury No. 2. (4) Lacerated wound 1" x 1/2" x bone deep on the outer surface of nose with fracture of underlying cartilage and bone. (5) Lacerated wound 1/2" x 1/4" x muscle deep on the front surface of upper lip with fracture of upper jaw. (6) Lacerated wound 1" x 1/2" x bone deep on the anterior surface of lower jaw leading to fracture of lower jaw. (7) Lacerated wound 2" x 1" on the anterior surface of neck only muscle deep. (8) Abraded contusion 2" x 1" on the left side chest 2" below left nipple. (9) Lacerated wound 1" x 1/2" x muscle deep on the vesetoral aspect of left palm in between thumb and index finger. (10) Abraded contusion 2" x 1" on the top of left shoulder. (11) Incised wound 3" x 1/2" x bone deep on the anterior aspect of right thigh in upper 1/3rd. (12) Multiple abraded contusion each varying different sizes on the anterior and lateral aspect of right thigh in the area of 9" x 6". (13) Multiple abraded contusion each varying different sizes on anterior and lateral aspect of left lower thigh and knee joint. Obviously, there was no injury of fire-arm.;