U. S. Tripathi, J. - (1.) -Aggrieved with the judgment and order dated 24.7.1981 in Sessions Trial No. 706 of 1980, passed by IInd Additional Sessions Judge, Shahjahanpur by which appellants Deoli alias Ram Vir and Mahendra were convicted under Section 302 read with Section 34, I.P.C. and sentenced to imprisonment for life, have preferred this appeal.
(2.) THE prosecution story briefly stated was that Pooran Lal, deceased was retired from Military services. Subedar (since acquitted by the trial court) father of appellant Deoli was inimical with Pooran Lal deceased as he wanted to take manual work from the deceased which he refused and several criminal cases initiated by Subedar Singh had also taken place against Pooran Lal deceased. Appellant Mahendra was of the party of Subedar Singh. Two days before the occurrence of this case on Sunday a son was born in the family of Pooran Lal. A day before the occurrence of this case on Monday, Pooran Lal deceased along with his son Sukh Lal (P.W. 1) had gone to Shahjahanpur to call his daughter Smt. Ganga Devi (P.W. 2). In the afternoon of 30.10.1979 Pooran Lal and his son Sukh Lal (P.W. 1) were coming to their house along with Smt. Ganga Devi (P.W. 2). THEy came up to Kant by bus and thereafter were proceeding to their village on foot. At about 3.00 p.m. when the deceased reached on the way to village Umrao near canal and grove of Bhuja Yadav, Sukh Lal (P.W. 1) and Ganga Devi (P.W. 2) were two steps behind him. Appellants Deoli and Mahendra along with Subedar (since acquitted) and Rajendra, (absconding) emerged out from the bushes and surrounded the deceased. Rajendra Singh was having knife and others were having lathis. Subedar and Mahendra made the deceased fall down and Deoli pressed his neck with angochha and Rajendra inflicted knife blows on him. Sukh Lal (P.W. 1) and Ganga Devi (P.W. 2) raised alarm. Jagat Sahai (P.W. 3), brother of Sukh Lal (P.W. 1), who was grazing cattle in the grove of Brahma also came. THEy challenged the appellants and other accused and then they ran away. THE above witnesses came to the deceased and found him dead. Sukh Lal (P.W. 1) came to bus stand Kant, where he prepared report Ext. Ka-1 and lodged the same at police station Kant at 4.30 p.m. On the basis of the above report a case was registered under Section 302, I.P.C. against Subedar Singh, Deoli, Mahendra and Rajendra Singh. Investigation of the case was taken up by Sub-Inspector Siddu Singh (P.W. 5) and after interrogating Sukh Lal (P.W. 1) at the police station he came to the spot, where he conducted inquest of the dead body and sent it for post-mortem. He also collected blood stained and simple earth from the spot. The Investigating Officer recovered one cycle of the deceased from the spot an angochha was lying around the neck of the deceased, which was taken into possession by the Investigating Officer.
(3.) AUTOPSY on the dead body of Pooran Lal deceased was conducted on 31.10.1979 by Dr. C. P. Srivastava (P.W. 4), who found following ante-mortem injuries on his person : (1) Stab wound 2-1/2 cm. 3/4 cm. muscle deep on the left side of neck below angle of lower jaw. (2) Stab wound 2-1/2 cm. 1 cm. 1 cm. trachea cut on the front Rt. side of neck. (3) Stab wound 1-1/2 cm. 1/2 cm. bone deep on Rt. cheek. (4) Stab wound 1 cm. 1/4 cm. skin deep on Lt. upper eye lid. (5) Incised wound 4 transverse 2-1/2 cm. 1/4 cm. skin, 3 cm. 1/4 cm. skin, 3-1/2 cm. 1/2 cm. skin, 2-1/2 cm. 1/4 cm. skin on the Rt. side back of neck. (6) Incised wound 1 cm. 1/4 cm. skin below left ear. Internal examination showed that trachea was cut below, larynx, carotid artery was cut on the Rt. side. Oesophagus was partly cut on right side. Cause of death was shock and haemorrhage as a result of ante-mortem injuries. The Investigating Officer interrogated other witnesses and on completion of investigation submitted charge-sheet against the appellants and Subedar Singh. Rajendra Singh was absconding.;