Palok Basu, J. - (1.) This is an appeal filed by Han Ram, Gajraj, and Mulu against their conviction under section 302 read with section 34 I.P.C. passed by the III Additional Sessions Judge, Jalaun at Orai dated 19/4/1979 in Session Trial No. 146 of 1978.
(2.) The charge against the, appellants was that on 6/1/1978 at about 4.00 P.M. they in furtherance of their common intention caused the murder of Bhura aged about 25 years son of Maheshwaridin Kachhi informant, who has been examined as P.W. 1 in village Udanpur, P.S. Kadaura District Jalaun.
(3.) The prosecution case is that the deceased Bhura had teased or hag done something outraging the modesty of the sister of Han Ram appellant for which a First information Report was lodged and for that reason Han Ram bore grudge against Bhura. It is said that two other appellants Gajraj and Mulu are friends of Han Ram. On 6; 1.78 at about 4 P.M. Bhura, Maheshwaridin with her daughter Sobhati and Sita Ram, who is a relative of the informant, were returning after collecting HariyaliT from the plots. When they reached the alleged place of occurrence, they met one Ramdi, a friend of Siwam, started talking, while the deceased Bhura went ahead with the heap of HariyaliT on his head. Just after a little while a hue and cry was heard by the informant Sitaram and others any they saw that near the house of Baladin three accused persons were beating Bhura in front of the shop of Bal Kishan with weapons. It is said that Hariram and Gajraj were armed with axes and Mulu was armed with a Barchhi, The witnesses challenged the assailants, who ran away leaving Bhura. It was noticed that Bhura was lying dead in a pool of blood. The informant prepared a written report with the help of one Ram Prasad at his residence and went to the police station Kadaura and lodged the First Information Report at 5.45 P.M. A case was registered by the Head Moharrir, and the Investigation officer P.W. 6 Subedar Singh who was present at the Police Station Kadaura, proceeded for the site of the incident immediately thereafter. Necessary documents with regard to the inquest report and recovery of plain and blood stained earth were made and then the dead body was handed over to constable Sirajuddin P.W. 3, who took it to the head quarter for post-mortem examination. P.W. 8 Dr. M.P. Gupta conducted the postmortem examination on 8.1.78 at 4.00 P.M. and found the following ante-mortem injuries: 1. Incised wound 10 cm. x 2 cm. x brain deep on left parietal region and 7-? cm. away and parallel to the mid line. 2. Incised wound 6-?cm. x 1-?cm. x Brain deep on right parietal region cm. away and paralled to the mid line. 3. Lacerated wound 3 cm. x 2 cm. Brain deep and 3 cm. posterior to the left ear. 4. Incised wound 2-? cm. x 3/4 ctn. x bone deep just at the base of pinna of left ear. 5. Incised wound 2 cm. x 1-? cm. x bone deep of lateral part of left eye. 6. Incised wound 3 cm. x 113 cm. x bone deep on empty part of bridge of nose. 7. Lacerated wound 1 cm. x 3/4 cm. x bone deep left part of chin. 8. Incised wound 8 cm. x 6 cm. x cervical restitute deep on back of neck at its base. 9. Lacerated wound 12 cm. x 9 cm. x cutting the whole neck leaving the skin posterior only and cutting the larynx trachia cervical vertiberal column and large blood vessels. 10. Incised wound 5 cm. x 1-? cm. x chest cavity deep on front the left nipple. 11. Incised wound 10 cm. x 4 cm. x chest cavity deep on left side of chest at the level of 7th rib. 12. Fracture of left side of empty face. 13. Depressed fracture of fore head. 14. Incised wound 6 cm. x 2 cm. x vertebral column deep right of back of chest the mid line at level of inferior angle scapular. 15. Fracture of 7th rib left side. On internal examination he found that the skull has been fractured. Brain was lacerated. Vertebra was also fractured and cut of 5th and 6th vertebra. 7th rib of left side chest was fractured and on further internal examination he found 150 grams sem-digested food in the stomach while large intestine and its contents was full of faecal matters. In the opinion of the doctor the death was due to shock and haemorrhage as a result of the injuries sustained by the deceased.;