- (1.) M. C. Jain, J. There are three appellants-Tula Ram Bahadur and Lala Ram, who are aggrieved of the judgment and order dated 13th January, 1981, passed by Sri M. G. Godbole, the then Sessions Judge, Jalaun at Orai in Sessions Trial No. 97 of 1980. All of them have been convicted under Section 302 read with Section 34 I. P. C. and sentenced to life imprisonment. There was a fourth accused Raja Babu who too was tried in the said trial but was acquitted.
(2.) THE deceased of the incident was one Lalji Singh. THE incident occurred on 15th April, 1980 at about 11 a. m. in village Dhamini, Police Station Churkhi, District Jalaun, the F. I. R. of which was lodged the same day at 2. 45 p. m. by Siroman Singh P. W. 1, father of the deceased. THE distance of the police station from the place of occurrence was about 8 miles. THE deceased had taken his she-buffaloes to the river to the west of the village for quenching thirst. After about half an hour, Siroman Singh also went there with two bullocks for the same purpose. He was followed by Chhote Lal PW 3 and Raghuraj Singh PW 4 with their respective animals. As soon as all of them reached the field of Bhagwan Singh, they saw that Lalji Singh was being assaulted by the present three appellants. Out of them, Tula Ram and Lala Ram were armed with axes whereas Ram Bahadur had a spear. On hearing the alarm, all these witnesses rushed up. Radhey Shyam and Jugraj Singh also came on hearing the alarm. All the three appellants escaped after crossing the river. Lalji was found to have died instantaneously. The previous background was said to be that about 15-20 days before, Tula Ram had made a grievance that his wife had been teased by Lalji deceased and he had issued threat to him of dire consequences. On the lodging of the F. I. R. by Siroman Singh PW 1, a case was registered and investigation followed. The investigation revealed that Raja Babu (acquitted) had abetted the commission of this crime. Therefore, he also came to be roped in. It may be stated before proceeding further that it was Dr. R. C. Singh PW 6 who had conducted autopsy on the dead body of the deceased on 16-4-1980 at 1. 20 p. m. He was aged about 19 years and death had taken place a day before. The following ante-mortem injuries were found on his person: (1) Incised wound 7 cm x 1. 5 cm x 2 cm over left cheek on zygomatic area of which bone was cut up to left temporal bone. (2) Incised wound 5 cm x 1. 5 cm x bone deep, vertical over the head, 9 cm above the left ear. (3) Incised wound 7 cm x 1. 5 cm x bone deep on occipital area on head vertical, the occipital bone was cut. Bone pieces embedded in brain matter. (4) Incised wound 5 cm x 1 cm x muscle deep, horizontal at the left side base of neck. (5) Incised wound 6. 5 cm x 1 cm x muscle deep, 3 cm above and behind injury No. 4 and parallel to it. (6) Incised wound 8 cm x 2 cm x muscle deep over left shoulder, vertical. (7) Incised wound at the back of neck in middle 5 cm x 2 cm x bone deep, cutting the cervical vertebrae of neck horizontal. (8) Right little finger cut at the level of middle phalanx. (9) Incised wound 4 cm x 1 cm x muscle deep vertical at the outer surface left palm at ulna border. (10) Incised wound 2 cm x 1 cm x at the outer side middle phalanx on middle finger left hand horizontal.
(3.) THE internal examination disclosed that temporal, left parietal and occipital bones were cut. Membranes of the brain were congested. Cervical bone was cut. THE small intestine contained digested meal while the large intestine contained faecal matters. THE death was due to shock and haemorrhage as a result of the above-referred injuries. The defence was of denial and of false implication due to enmity. It was also the defence case that Lalji met with his death which was not witnessed by anybody and on detection of his murder they were falsely roped in due to enmity after due deliberation and consultation.;