A.S.Tripathi, J. - (1.) THIS appeal is directed against the judgment and order dated 9-12-1991 passed by lllrd Additional Sessions Judge, Hamirpur, convicting the appellant under section 302, IPC and sentencing him to death.
(2.) THE appellant was charged for having committed the murder of Smt. Rajrani aged about 30 years and her son, Vijai Bahadur aged about six years. The prosecution case was that the reporter, Ramphal, is the husband of Smt. Rajrani resident of village Khanna police station Khanna district Hamirpur. On 2-3-1989 government Harijan residential colony was being constructed and Ramphal had gone there to work as labourer. The wife of reporter, Ramphal, namely, Smt. Rajrani and their younger son, Vijai Bahadur aged about 5-6 years had gone to look after their fields which was about three kilometres towards west of the village. It was alleged , that Smt. Rajrani and Vijai Bahadur had also gone to collect some fodder from their field In nearby vicinity one Ram Ashrey of the same village was also looking after his field. At about 5 P.M. the appellant, Bachchu Yadav. went towards the field. He found Smt. Rajrani and her son, a boy of 5-6 years, alone on the menda of the field. It is alleged that the appellant having bad intention to his mind to have illicit intercourse with Smt. Rajrani caught hold of her dragged inside the field where wheat crop was standing. Smt. Rajrani was alleged to have resisted and raised alarms, whereupon Bachchu Yadav snatched stickle from Smt. Rajrani and then attacked with the same. Vijai Bahadur, a boy of 5-6 years started crying and embraced his mother to save her. Bachchu Yadav also attacked Vijai Bahadur in the same process with the same sickle. In the meantime the witness. Ram Ashrey and Bhauna rushed to intervene. Seeing these witnesses on the spot Ramphal ran towards jungle Baburani leaving Smt. Rajrani dead and Vijai Bahadur injured seriously. The witness, Ram Ashrey, PW2, atonce went to village and informed Ramphal. Ramphal reached the spot and found Rajrani dead. Smt. Rajrani had received a number of injuries on her person. Vijai Bahadur was lying in injured condition. It is alleged that on enquiry Vijai Bahadur told other witnesses on the spot that accused, Bachchu Yadav killed Smt. Rajrani and injured him. A written report, , Ex. Ka 1, of the occurrence was lodged at the police station Khanna same day on 2-3-1989 at 7-10 P.M. The police station was three kilometres away from the village abadi.
(3.) ON the basis of the said report a case was registered and chick FIR Ex. Ka .8 was prepared. Entries were made in the G. D. (Ex. Ka 9) and injuries of Vijai Bahadur were also recorded. Vijai Bahadur, injured was sent for medical examination He was medically examined in the same night at 8 P.M. by Dr. U. C. Gupta, PW 7 who prepared injury report, Ex. Ka 18. Following injuries were found on the person of Vijai Bahadur : (i) Incised wound 1.5 cm x 1/2 cm x muscle deep, just below the right lower lip, margin smooth, clean and regular, clot of blood present. (ii) Incised wound 2.5 cm x 1 cm x muscle deep on the right upper lip at the right nostril, margin smooth, clean and regular, clot of blood present. (iii) Incised wound 3 cm x 1 cm x cavity deep on the pinna of right year, 10 cm above the lobule of right year, margin smooth, clean and regular, clot of blood present. (iv) Incised wound 1 cm x 1/2 cm x skin deep on the right side just 8 cm below the right nipple. Margin smooth, clean and regular, clot of blood present. (v) Incised wound 1/2 cm x 1/2 cm x skin deep on, the left side of abdomen 6 cm lateral to umbilicus and 9 cm below the injury no. 4, margins smooth, clean and regular, clot of blood present. ;