U. S. Tripathi, J. - (1.) -This appeal has been directed against the judgment and order dated 10.2.1981 passed by VIth Additional Sessions Judge, Agra in Sessions Trial No. 649 of 1979 convicting the appellant Fauran Singh under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.
(2.) THE prosecution story, briefly stated, was that Ram Das deceased (37) was resident of village Dida Mai, Police Station, Firozabad North, district Agra. THE appellant Fauran Singh was also resident of said village. THE deceased and the appellant were descendants of a common ancestor. On 16.5.1979 at about 12-12.30 p.m. Ram Das deceased was sleeping in the outer chhappar of his house. His brother Lala Ram (P.W. 2) daughter Km. Mithilesh (P.W. 1) and wife Smt. Bhoodevi were in the 'Aangan' of the house. At about 12.30 p.m. the appellant came to the said chhappar of the deceased and started inflicting 'gandasa' blows on his neck. THE deceased cried and hearing his shrieks, Lala Ram (P.W. 2), Km. Mithilesh (P.W. 1) and Smt. Bhoodevi rushed towards the chhappar. When they came out of their house, they saw that the appellant was inflicting 'gandasa' blows on the neck of the deceased. Observing the witnesses, the appellant threw the 'gandasa' into a drum kept in the said chhappar and ran away. Lala Ram (P.W. 2) chased the appellant upto some distance, but he could not be apprehended. He returned back to his chhappar. By that time, several persons of the village had assembled and he told them that the appellant had inflicted 'gandasa' blows on the deceased. Lala Ram (P.W. 2) with the help of other villagers took the deceased to Firozabad Hospital, where he was declared brought dead. Leaving the dead body of the deceased at the Hospital, Lala Ram (P.W. 2) along with other persons came to Police Station, Firozabad North, where he dictated report to the Head Constable. Chik F.I.R. (Ex. Ka-1) was prepared by Head Constable Surendra Kumar Sharma (P.W. 4) at 1.45 p.m. who made an endorsement of the same at G.D. report (Ex. Ka-3) and registered a case under Section 302, I.P.C. against the appellant. Investigation of the case was taken up by Sri Ranvir Singh ; Investigating Officer (P.W. 7). The Investigating Officer interrogated Lala Ram (P.W. 2) and Head Constable Surendra Kumar Sharma (P.W. 4) at the Police Station and thereafter reached the place of occurrence, where he interrogated Km. Mithilesh (P.W. 1). He inspected the place of occurrence and prepared site plan (Ex. Ka-5). The Investigating Officer collected blood stained and simple earth from the spot and prepared recovery memo (Exs. 7 and 8). The Investigating Officer also recovered blood stained 'gandasa' and prepared recovery memo (Ex. Ka-6). Thereafter, Investigating Officer reached at S.N.M. Hospital, Firozabad, where he conducted inquest of the dead body of the deceased and prepared inquest report (Ex. Ka-7) and other relevant papers. He sealed the dead body and handed over to Constable Jagdish Singh (P.W. 5) for taking it to mortuary. The articles recovered from the spot were sent to Chemical Examiner for analysis and report.
(3.) AUTOPSY on the dead body of deceased was conducted on 17.5.1979 by Dr. B. S. Bisana (P.W. 3), who found as many as four incised wounds on the neck of deceased and cause of death shock and haemorrhage, as a result of ante-mortem injuries. He prepared post-mortem report (Ex. Ka-2). The appellant was absconding and process under Section 82/83, Cr. P.C. were executed. On completion of investigation, the Investigating Officer challaned the appellant as an absconder.;