A. S. Tripathi, J. - (1.) THIS appeal is directed against judgment and order dated 12-3-1982 passed by the then Sessions Judge, Basti, whereby the appellant was convicted under sections 302 and 304 (Part I) IPC and was sentenced to imprisonment for life.
(2.) THE facts of the case are that the complainant, Chingud, PW 1, was resident of village Pipri Police Station Khesaraha district Basti. Deceased, Rangi Lal, was his nephew. THE complainant had gone to plough his chak. His nephew (Rangi Lal) was cutting grass nearby. Accused, Dholey and his brother, Bahadur of same village were digging, out their field. THE witnesses, Badloo, PW 2, Muttur, PW 3, and Mohan Shanker, PW 4 and several other persons were cutting grass nearby. On 18-6-1980, i. e.the same day, at 5.30 P.M. Dholey and Bahadur, the two real brothers, started quarrelling with each other. Rangi Lal went to intervene. Whereupon accused, Dholey, gave blows by digging instrument (Kudal) on the head of Rangi Lal. Rangi Lal fell on the spot and died instantaneously. THE complainant with the help of witnesses caught hold of accused Dholey alongwith Kudal. He was taken to the police station. THE complainant lodged first information report, Ex. Ka 1 at the police station Khesaraha on the. basis of which chik report, Ex. Ka 3 was prepared and necessary entries were made in the general diary and a case under section 302 IPC was registered against the accused. The investigation of the case was taken up by PW 5, Shyam Kishore Misra, Sub-Inspector. He reached the spot same day and prepared inquest report in respect of the dead body of deceased, Rangi Lal, which is Ex. Ka 5. The dead body was sealed and after completing necessary formalities and preparing challan nass, Ex. Ka 7, photo nass, Ex. Ka 6 and two letters, Ex. Ka 8 and Ka 9, the same was sent for postmortem through constables. The statements of the complainant and other witnesses were recorded. Accused, Dholey, was taken into custody and his statement was also recorded. The Investigating Officer inspected tie spot and prepared a site-plan, Ex. Ka 10. Samples of blood stained and plain earth were taken and kept in separate sealed containers and a memo, Ex. Ka 11, was prepared. Scrapped grass etc. were also taken in possession and memo, Ex. Ka 12 was prepared. Blood stained Gamchha of Rangi Lal was taken in possession and memo, Ex. Ka 13 was prepared. Blood stained Kudal of the accused was also taken in possession and memo, Ex. Ka 2 was, prepared. Then the investigation of )he case was taken over by Sri Ashok Kumar, Station Officer, who after completing the investigation submitted charge-sheet, Ex. Ka 14 on 4-7-1980.
(3.) THE postmortem examination of the dead body of Rangi Lai was conducted by PW 6, Dr. H.C. Pandey, on 20-6-1980 at 9 A.M. Following ante-mortem injuries were found on the dead body of Rangi Lal, deceased : (i) Contusion 2.5 cm x 2 cm on the outer side of the left eye. (ii) Contusion 2 cm x 2 cm on the left temporal region 2 cm behind left eye. (iii) Lacerated wound 3 cm x 3 cm x bone deep on the top of hand and towards the back side of head. Brain matter was coming out of the wound. ;