- (1.) M. C. Jain, J. Eleven persons, namely, (1) Mangali, (2) Chhotey Lal, (3) Jag Mohan, (4) Darshan, (5) Matadeen, (6) Rajuwa, (7) Ram Asrey, (8) Ram Autar, (9) Jageshwar, (10) Raja Ram and (11) Ram Khilawan were tried before the III Additional Sessions Judge, Fatehpur in Sessions Trial No. 392 of 1980 which was decided on 23-1-1981. All of them have been convicted and sentenced to life imprisonment under Section 302 read with Section 149, I. P. C. Appellants Ram Khelawan, Matadeen and Darshan have further been convicted under Section 148, I. P. C. and each sentenced to 1-1/2 years' rigorous imprisonment. The remaining appellants have been convicted under Section 147, I. P. C. and sentenced to one year's rigorous imprisonment. The first five appellants have preferred Criminal Appeal No. 249 of 1981 and rest have come up in Criminal Appeal No. 250 of 1981. It is in this way that the two appeals are conjoined together.
(2.) BROAD spectrum of the prosecution case may be set forth for appreciation of subsequent discussion. It was a double murder of Raghuraj and his sister Smt. Maiki. The incident had occurred at about 6 p. m. on 26-5-1980 in village Shiv Bux Ka Purva, P. S. Malwa, District Fatehpur, the distance of which from the place of occurrence was about 5 miles. The F. I. R. was lodged the same day at 9. 30 p. m. by Shanti Devi P. W. 2 wife of the deceased Raghuraj. All the appellants were named therein as the culprits of this crime. The appellants belong to one family. Chhotey Lal, Rajuwa and Ram Khelawan are the sons of Mangali. Kaluwa was the uncle of Mangali. The appellants Jag Mohan, Darshan and Raja Ram are the sons of Kaluwa. Kaluwa had a son Maiku and the appellants Matadeen, Ram Asrey, Ram Autar and Jageshwar are the sons of Maiku. Raghuraj deceased also belonged to the same family and his house was also adjacent to the house of the appellants. Mangali, Jag Mohan, Darshan, Rajuwa and Raja Ram died during pendency of the appeal. The appeal in respect of them, therefore, abated as per the order dated 17-12-2002. We are, therefore, presently concerned only with the remaining six appellants. On the fateful day, Shanti Devi P. W. 2 along with deceased Smt. Maiki and another sister of her husband Smt. Ramkali were sitting outside the house of Raghuraj. Raghuraj had a tube-well at short distance from his house. Raghuraj was going to his tube-well. He had hardly reached near the filed of Lalla Singh when the accused appellants suddenly emerged from behind the trees. Three of them, namely, Darshan, Matadeen and Ram Khelawan were armed with axe and rest had lathis. The accused Mangali exhorted others to kill Raghuraj as the dacoity at his house had taken place with his connivance (Raghuraj ). In response to this exhortation, the appellants assaulted Raghuraj who shouted for help. Smt. Maiki (sister of deceased Raghuraj), his son wife Smt. Shanti Devi PW 2, Smt. Ram Kali PW 5, Kunji alias Kunj Behari PW 1, Mahadeo PW 3 and a few others rushed to the place of occurrence to resist the attempts of the accused persons and to rescue Raghuraj from their catches. Smt. Maiki was the first to rush to the scene of occurrence, but she was also assaulted by them and she met her end at their hands at the place of occurrence itself. Others could not muster up courage to advance further. Raghuraj and Smt. Maiki dropped dead as a result of repeated assaults given to them by the accused appellants, who, after perpetrating this crime, escaped towards the village. Then Smt. Shanti Devi and others were drawn nearer the victims only to find them dead. They had bled profusely. The news of the double murder spread like wild fire in and around the village and quite a large number of persons assembled including the scribe of the F. I. R.-Brij Bhushan Singh PW 9 who was a resident of the adjoining village Mohan Khera Smt. Shanti Devi PW 2 struck with grief and terror, remained dumb founded for about a little over half an hour. When the initial wave of horror had passed off, she narrated the incident to Brij Bhushan Singh PW 9 who scribed the F. I. R. on her dictation. She took it to the police station accompanied by her father- in-law Tulsi. A case was registered and investigation followed at the hands of S. I. Shamim Ahmad Naqvi PW 7.
(3.) THE post mortem over the dead body of the deceased Raghuraj was conducted by Dr. Shitla Prasad Pandey PW 8 at 4 p. m. and of Smt. Maiki at 5. 30 p. m. on 27-5-1980. THE following ante mortem injuries were found on dead body of Raghuraj: (1) Incised wound 3" x 1" x bone deep on left temporal region extending from lateral canthus of left eye to left ear upper part anteriorly. Temporal bone fractured. Direction was transverse. (2) Incised wound 2" x 1/2" x bone deep 1/2" below injury No. 1. Maxilla bone left side was fractured. Direction transverse. (3) Incised wound 3" x 1" x bone deep 1/2" below injury No. 2. Mandible left side was fractured. Direction transverse. (4) Incised wound 3" x 1" x bone deep 1/2" below and lateral to injury No. 3. Mandible left side fractured. Direction transverse. (5) Incised wound 1" x 1/2" x bone deep over chin on right side. Right mandible fractured. Direction transverse. (6) Incised wound 3" x 1/2" x muscle deep just below chin. Direction transverse. (7) Incised wound 2" x 1/2" x trachea deep on front of neck at level of thyroid cartilage. Larynx cut, Trachea cut. Direction transverse. (8) Incised wound 5" x 1" x vertebrae deep just below injury No. 7. Direction transverse. Trachea, oesophagus, blood vessels and interior part of 3rd cervical vertebrae and spinal cord cut. (9) Incised wound 1" x 1/2" x muscle deep over the back of neck and its root. (10) Lacerated wound 2" x 1/2" x muscle deep on back of head left side 2" above and left to occipital. (11) Incised wound 2" x 1/2" x muscle deep on outer aspect of lower part of left buttock. (12) Incised wound 2" x 1/2" x muscle deep on back of right leg 4" above knee joint. Direction transverse. (13) Incised wound 2" x 1" x bone deep on front of left thigh 3" above knee. Direction transverse and left femur bone fractured. He was aged about 35 years and about one day had passed since he died. The cause of death was shock and haemorrhage resulting from ante-mortem injuries sustained by him. The injuries received by Raghuraj deceased were sufficient in ordinary course of nature to cause his death. He could have died on 26-5-1980 at about 6. 30 p. m.;