ANIL KUMAR SHARMA J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 5.12.1990, passed by the then III Addl. Sessions Judge, Azamgarh in S.T. No. 204 of 1987, State Vs. Jagdish Singh and others, whereby appellant Arvind Singh had been convicted under section 302/34 IPC and 307 IPC and sentenced to undergo life imprisonment and ten years rigorous imprisonment respectively. The remaining accused-appellants were convicted under section 302/34 and 307/34 IPC and each of them had been sentenced to undergo imprisonment for life and rigorous imprisonment for ten years respectively. Appellant Raghupati Singh had died during pendency of appeal, therefore, his appeal stands abated. The facts germane to the present appeal are that on 2.5.1986 at
(2.) 10.35 p.m. Jagdamba Singh s/o Thakur Prasad Singh, r/o village Ukraura, P. S. Kotwali, District Azamgarh submitted a written report scribed by Kesari Prasad Singh in P. S. Kotwali, Azamgarh, wherein he stated that he is carrying a small shop in Bazar of village Ukraura. Co-villagers Arvind Singh had taken goods from his shop on credit. When he went at the house Arvind Singh for getting his money back, his father Jagdish Singh retorted that they would pay his money whenever it is available. He replied that his son used to take goods on credit on the pretext of visit of guests and pretended that if the goods are not delivered they would be insulted, now he is misbehaving like this. The complainant after closing the shop in the evening returned home as he had to go to village Sakhia along with his brother Rajendra for purchasing sarpat and bamboos for thatching roof for the animals' habitat. Arvind Singh, Jagdish Singh, Raghupati Singh and Lagan Bhar of that village met them in village Sakhia. Jagdish Singh demanded money from them for country liquor, whereupon his brother said that money is given to the gentleman who repays, he abuses when credit money is demanded. On hearing this Jagdish Singh in anguish hurling abuses said that in the morning also he has insulted and exhorted Arvind Singh to eliminate them. Thereafter at about 7.00 p.m. Arvind Singh fired two shots on the complainant and his brother by country made pistol. They ran, but Rajendra fell down near the house of Sukhdeo Bhar. He was caught by the aforesaid four persons. They cried for help. Raghupati Singh started assaulting complainant's brother on head by brick, while Lagan Bhar caught hold his legs. In the mean time Arvind Singh brought baghari and started cutting his neck, when Arvind Singh shouted that baghari had bended, Jagdish Singh brought a saw (aari) and joined in chopping the head of Rajendra Singh. On hearing alarm of the complainant, Suraj Nath and Amar Nath came at the spot and witnessed the incident, they tried to intervene, but were threatened, so they stepped backward. Accused persons again assembled for assaulting Rajendra Singh, and after cutting his neck dragged his dead body to the field of Shakloo Yadav and thereafter extending threats left the scene of occurrence. On the basis of the above report case at crime no. 374 of 1986 was registered at police station, investigation whereof was entrusted to S.S.I. Surya Deo Rai. He interrogated the witnesses, visited the place of occurrence, prepared site plan and conducted inquest upon the dead body of the deceased. Blood stained earth, aari, shoe of the deceased and clothes were also seized from the spot. Cadaver of the deceased was sent for post mortem examination in a sealed cover.
(3.) DR . K.K. Singh conducted autopsy on the dead body of the deceased on 3.5.1986 at 3.30 p.m. He found that 30-years old deceased was average built of muscular body. Rigor mortis was present in upper and lower part of his body. The following ante mortem injuries were found on the person of the deceased : 1. Incised wound over the neck at the level of C1/C2 vertebrae through and through from right to left downwards and other from left and right in downwards. Circumference 15 cms x 13 cms C2 vertebrate cut at two places size 1 cm x 0.3 cm and the other 1.5 cm x 0.5 cm only a small vertebrate ligament connect from head to neck. 2. Multiple incised wound eight in number and left side skull in different directions. Maximum size 7 cms x 1.5 cms x bone deep. Minimum size 0.5 cm x 0.3 cm x scalp deep. 3. Multiple incised wounds seven in numbers in different directions. Maximum size 7 cms x 1.5 cms x muscle deep and minimum size 2 cms x 0.5 cm x muscle deep. 4. Multiple incised wounds three in numbers in different directions on the forehead. Maximum size 2.5 cm x 1 cm x muscle deep. Minimum size 1 cm x 0.5 cm x muscle deep. 5. Incised wound 16 cms x 3 cms x muscle deep right face entering from angle of mouth to 4 cms back to right ear. 6. Incised wound 8 cm x 1 cm x bone deep front of right hand at base of little finger to index finger underneath bones cut. 7. Incised wound 3 cms x 0.5 cm on right thumb back muscle deep. 8. Incised wound 2 cms x 2 cms x bone deep ( cut on terminal phalanx of left little finger. 9. Incised wound 3 cms x 1 cm x muscle deep over thumb proximal phalanx. 10. Incised wound 6 cms x 3 cms x muscle deep superior surface on right shoulder. 11. Contusion 25 cms x 5 cms on right side chest near axillary below axillary fold. 12. Abrasion 1.5 cms x 1 cm right side back, 7 cms back of angle of scapula. In internal examination, the doctor found that Larynx vessels were cut, and semi-digested food weighing 40 oz. was found in the stomach. In the opinion of the doctor the deceased suffered death about a day before due to shock and hemorrhage caused by ante mortem injuries.;