- (1.) Heard learned counsel for the appellants, learned A.G.A. for the State and perused the lower court record.
(2.) This criminal appeal has been preferred against the judgment and order dated 24.1.2006 passed by the learned Additional Sessions Judge/F.T.C. No. 4, Raebareli in Sessions Trial No. 187 of 2004 (State Versus Kullu Kumar and another) arising out of case crime no. 15 of 2004, under Section 304/34 IPC, police station Kotwali, district Raebareli. By the impugned judgment, both the appellants Kullu Kumar Sonkar and Jeetu Kumar Sonkar were convicted for the offence under Section 304 read with Section 34 IPC and were sentenced to imprisonment for life and they were also punished with fine of Rs. 5,000/- each.
(3.) Brief facts giving rise to the present appeal are that investigative police was set in motion by lodging a F.I.R. by Smt. Malti wife of deceased Prem Chandra. As per the prosecution story, deceased Prem Chandra was working at the "Aara Machine" (Saw Mill) of one Guddu and his wife complainant Smt. Malti in the night of 13.1.2004 at about 10:00 p.m., as usual, was going to hand over the dinner to her husband. Brother of deceased Rajesh Kumar was also with her. When these persons entered into the "Aara Machine", then they saw that appellants Kullu Kumar Sonkar and Jeetu Kumar Sonkar, who were real brothers were beating Prem Chandra with a small Wooden piece (a thin slice of wood mentioned as 'Fanti'). On their raising alarm, Yakub, the clerk of the "Aara Machin" and other labourers rescued the deceased. This incident was witnessed by them in the light of the electric bulb. The deceased was taken to the hospital, where he scummed to the injuries. Thereafter F.I.R. of this case was lodged in the same intervening night on 14.1.2004 at about 2:30 a.m. It was mentioned in the F.I.R. that two days prior to the occurrence, during light conversation, some dispute had arisen between Prem Chandra (deceased) and the appellants. 3. The complainant got the F.I.R. (Ex. Ka-1) scribed by Rajesh Kumar and on the basis of the same, Chick Report (Ex. Ka-3) was prepared. The details of registration of the case were entered in G.D. (Ex. Ka-4). Thereafter the police inspected the place of occurrence and prepared site plan (Ex.Ka-11) and also conducted inquest proceedings and prepared the inquest report (Ex. Ka-6) and other related documents, Photo Lash (Ex. Ka-7) and Challan Lash (Ex. Ka-8), letter to C.M.O. (Ex. Ka-9) and thereafter dead body was sent for postmortem. Postmortem on the body of the deceased was conducted on 14.1.2004 at about 3:15 p.m. On 17.1.2004, the police arrested both the appellants and on their pointing out, the alleged wooden piece, weapon of assault, was recovered and Fard and arrest (Ex. Ka-5) was prepared. According to this recovery memo, the size of wooden piece was 2.5 'Baalisht' (approximately 2 feet) and its thickness was approximately about 1. inch. After completing the investigation, charge sheet (Ex. Ka-10) was submitted against the present appellants.;