K.K.MISRA, J. - (1.) THIS criminal appeal has been preferred against the judgment and dated 16 -12 -1981 passed by Sri N.C. Jain, VI Additional Sessions Judges, Bareilly in Sessions Trial No. 347 of 1980, convicting and sentencing the appellants Nanka and Nanhey under Section 302/34 IPC for life imprisonment.
(2.) THE case of the prosecution as unfolded in the FIR is that the deceased Bireshar Nath Sharma was at school teacher in village Rampura. On the date of the incident i.e. 25 -10 -1979 at about 8.00 a.m. he was going to school on a bicycle and when he reached near village Harela in front of Marhi, Vijayee and Nanhey armed with Gandasas and Nanka and Chaturi armed with kantas appeared from behind a mango tree. Vijayee exhorted his companions to kill the Master as he wanted to purchase the land of Lallu and helped their common enemy Bani Madhev, Pradhan. On this, all the accused persons assaulted the deceased Bireshar, Nath Sharma badly with their respective weapons. The deceased fell down on the ground. All this incident was seen by the complainant Ram Naresh Sharma (Sala of the deceased). He was Head Constable in the police department in District Badaun and was resident of village Kajarauta. At that time, he happened to pass on a cycle on the same road after availing three days' leave. He was going to join his duty. Munir was on the carrier of his cycle. When he raised alarm, Buddhoo Kahar and other pedestrians came running on the spot. Seeing them, the assailants ran away. The deceased died on the spot. The complainant Ram Naresh Sharma PW 2, leaving the dead body in the custody of one Munir, Budhwa and others, went to lodge the written report at the Police Station. The FIR was lodged at police station Fatehganj Purvi at 10.00 a.m. The police station was at the distance of three miles from the placed of the occurrence. The case was investigated by PW 3 S.I. Bhagwan Singh, who immediately proceeded to the place of the occurrence on his motorcycle. The complainant also accompanied him. Three constables also followed them to the place of occurrence. Before proceeding to the place of the occurrence, the Investigating Officer recorded the statement of the complainant Ram Naresh Sharma. He found the dead body of the deceased on the spot. After completing the formalities, the dead body was sent for post - mortem examination. He took possession of the articles worn by the deceased. He took in possession his cycle. Two keys of the school were also taken in possession. He found blood near the dead body. He took samples of plain earth and blood stained earth. He prepared the site plan. On the same day at the place of the incident, he recorded the statement of Munir, Buddhoo and others. After completing the investigation the charge sheet was submitted against all the four accused persons but as the co -accused Vijayee and Chaturi were reported to be absconding, the trial proceeded only against the present two appellants. The post -mortem examination of the dead body of the Bireshar Nath Sharma was conducted by Dr. P.K. Bass, PW 4 on 26 -10 -1979 at 12 O'clock noon. Following ante -mortem injuries were found on the body of the deceased: (1) Incised wound 3 cm x 1 cm bone deep on the (Rt.) side head 9 cm above (Rt.) ear obliquely placed, underlying parietal bone cut. (2) Incised wound 6 cm x 1 cm x bone deep on the left side top of head 12 cm above left ear, vertically, underlying occipital bone fractured. (3) Incised wound 4 cm x 1 cm x bone deep on left side back of head justabove injury No. (2) vertically placed underlying bone fractured. (4) Incised wound 10 cm x 1 cm bone deep transversely on left side face cutting the left ear in middle 2 cm behind the outer left eyebrow. (5) Incised wound 4 cm x 1 x bone deep on (Rt.) side face transversely cutting the (Rt.) upper lip and underlying maxillary bone. (6) Three incised wounds transversely, parallely placed 28 cm x 8 cm x bone deep starting from left angle of mouth cutting lower lip, extending backward over back of neck and also involving (Rt.) side of neck, 5 cm behind the right ear, underlying large blood vessels cut, third cervical vertebrae cut through and through. The injuries are about 1/2 cm apart from each other. (7) Incised wound 3 cm x 1 muscle deep on left side neck 4 cm below injury No. (6). (8) Incised wound 4 cm x 1 cm on the top of left shoulder. (9) Two abraded contusions in area 10 cm x 3 cm on (Rt.) side chest upper part just below (Rt.) clavicle. (10) Incised wound 4 cm x 0.4 cm x muscle on (Rt.) side back lower part. (11) Multiple linear incised wounds in area 25 cm x 16 cm x superficial skin on the outer aspect of left side abdomen and lower part chest, average size 10 cm long. (12) Incised wound 6 cm x 2 cm x bone deep on the back and outer aspect of (Lt.) wrist joint underlying bone cut. (13) Incised wound 3 cm x 0.4 cm x muscle deep on the dorsum of (Rt.) hand. (14) Abraded contusion 2 cm x 2 cm on the left knee joint.
(3.) THE accused pleaded not guilty and claimed trial. In their statements recorded under Section 313 Cr. P.C. they stated that they had been falsely implicated in the case due to enmity.;