Virendra Saran, J. - (1.) BIJENDRA and Ram Babu, who are real brothers inter se, have filed the present appeal against the judgment and order dated 18-5-1979 of the learned Sessions Judge, Mathura in ST No. 66 of 1979. The learned Sessions Judge has convicted appellant BIJENDRA under section 302 IPC and appellant Ram Babu under- section 302/34 IPC and sentenced both of them to Imprisonment for life. The learned Sessions Judge has acquitted co-accused Smt. Sheela and Km, Ramwati who are sister-in-law and younger sister respectively of the appellants. Informant Lajjo Ram has come up in a private revision against the order of acquittal of Smt. Sheela and Km. Ramwati.
(2.) THE prosecution case as disclosed from the first information report is that on 17-11-1978 informant Lajjo Ram PW 1 had gone to his fields. At about 4 P. M. he was informed by his son Data Ram that Smt. Sheela and Km, Ramwati (the two acquitted accused) came and took with them deceased Smt. Sheela daughter of the informant to their 'Gaut'. At about 4 P. M. the deceased raised alarm and thereupon Data Ram, Smt. Rupania, Patre, Pyarey and Atar Singh rushed to save Smt Sheela. When they reached near the 'Gaut' they saw appellant Ram Babu holding the deceased with evil intentions and at that very moment appellant Bijendra fired two shots at the deceased who succumbed to her injuries then and there. On the information given by Data Ram informant Lajjo Ram came back to the village and found the dead body of Smt. Sheela lying in the 'Gaut'. THE further case of the prosecution is that appellants had an evil eye on the deceased and the informant had, on several earlier occasions reprimanded them. A written first information report (written by Tara Chandra Agarwal) was lodged by Lajjo Ram on 17-11-1978 at 5.30 P.M. at P. S. Magorrah, at a distance of 3 KM from the spot. PW 7 Head Constable Ram Singh registered a case. Investigation was taken up by PW 8 Sub Inspector Bramh Singh who drew an inquest report and sent the body for postmortem examination. The post mortem-examination was conducted by PW 5 Dr. C. P. Srivastava who noted the following injuries on the person of the deceased : (1) Fire arm wound with inverted margins 7 1/2 c.m. x 3 1/2 c.m. x bone deep with surrounded blackening and charring of skin around the wound in front of neck more on left side. (2) Fire arm wound with inverted margins 1 1/2 c.m. x 1 c.m. x chest cavity with surrounded blackening and charring of skin around the wound on right side of upper portion of sternum 8 c.m. below injury no. 1. (3) Abrasion 1-3/4 c.m. x 1 c.m. on right side of chin. (4) Firearm wound with everted margins 2 1/4 c.m. x 1 1/2 c.m. x chest cavity deep on left side shoulder blade's upper medial portion with connecting link with injury no. 2. According to the Doctor the death was due to syncope as a result of shock and haemorrhage due to injuries.
(3.) AFTER completing the investigation the Investigating Officer laid a carge sheet against all the four accused nominated in the First Information Report. In due course the case was committed to the court of Sessions, At the trial prosecution examined eight witnesses in all PW 1 is Lajjo Ram who is informant of the case. Lajio Ram is not an eye-witness. PW 2 Data Ram and PW 4 Pyarey are the two eye-witnesses. PW 5 Dr. C. P. Srivastava conducted autopsy and has proved post-mortem report. PW 6 Tara Chandra is the soribe of the first information report. Rest three witnesses are from the police. PW 3 constable Ram Babu had taken the dead body for post-mortem examination. PW 7 Head Constable Ram Singh had received the report at the Police Station and registered the case. The last witness PW 8 Brahm Singh is Investigating Officer of the case.;