- (1.) THERE are two appellants, namely, Nar Singh and Shiv Raj Singh. They have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment by judgment dated 23-12-1980 passed by Sri R. C. Gupta, the then II Additional Sessions Judge, Shahjahanpur in S. T. No. 629 of 1979. THERE was a third accused Jai Singh also who was tried with them, but he was acquitted.
(2.) ACCUSED appellant Nar Singh and the acquitted accused Jai Singh were said to be cousins and the other accused appellant Shiv Raj Singh was allegedly their relative as Mausera brother. All of them resided in village Pipraula, Police Station Kant, district Shahjahanpur. The deceased was Chhote Singh son of Hira Singh. The incident took place of 4-10-1979 at 9. 30 a. m. near culvert of Khajwa in village Pipraula, aforesaid. The FIR was lodged by Har Pal Singh PW 1 son of the deceased the same day at 11. 00 a. m. the distance of the Police Station from the place of occurrence was about six kms. The background was that three months prior to the incident she buffalo of the accused appellant Nar Singh had been stolen and he suspected Chhote Singh (deceased) to be suspected Chhote Singh (deceased) to be the thief. He had lodged an FIR against him, but police found that the FIR lodged by Nar Singh was false. To say in a word, no action was taken by the police on his theft report. Therefore, he (Nar Singh) bore grudge against the deceased Chhote Singh. Chhote Singh was also being prosecuted on a charge under Section 436 IPC report of which had been lodged by Sri Krishna son of Puran. 4-10-1979 was the date fixed in that case and the deceased Chhote Singh and his son Harpal Singh left their village Pipraula on cycles for attending the case. Both were on separate cycles. Chhote Singh was ahead about 20 paces followed by his son Harpal Singh. As soon as Chhote Singh reached Khajwa culvert near milestone No. 10 accused appellant Nar Singh armed with lathi accused-appellant Shiv Raj Singh armed with a Kanta and the acquitted accused Jai Singh armed with a spear came out from beneath the culvert. Nar Singh challenged the deceased whereupon he (Chhote Singh-deceased) left his cycle and turned back towards his village and fled. All the accused then chased him and at a distance of about 30 paces towards south of Khajwa culvert caught hold of him and started assaulting him with their respective weapons. He raised alarm on which witnesses Ahbaran Singh PW 2, Lakhan and Misri rushed up for his help. When they challenged the accused, they dropped the body of Chhote Singh in a small pit situate toward east of the road, making their escape good towards west. Harpal Singh saw the occurrence from a distance and remained shouting for help. Chhote Singh died at the spot itself. Harpal Singh sent information of the incident to his village. His maternal uncle Rameshwar came there. He got a report scribed which he took to the Police Station and lodged the same there. Chick FIR was prepared and a case registered. The case was investigated by H. S. Tomar PW 3 who was posted as Second Officer at the Police Station. After examining Harpal Singh at the Police Station itself, he proceeded to the spot and reaching there he prepared inquest report of the dead body of the deceased and other necessary documents. Site plan of the place of occurrence was prepared by him and blood and simple earth was also taken in possession. The cycle of the deceased and one pair of rubber chappals had been found at the spot which he took in custody and sealed. The autopsy on the dead body of the deceased was conducted on 5-10-1979 at 3. 00 p. m. by Dr. U. C. Srivastava PW 4. The deceased was aged about 50 years and about 1-1/2 day had passed since he died.
(3.) THE following ante-mortem injuries were found on the person of the deceased: (1) Incised wound of the size of 5 cm x 3 cm x bone deep over the left side of the forehead just above the left eye-brow. (2) Incised wound of the size of 3 cm x 2 cm x bone deep over the left side of forehead 2 cm above injury No. 1. (3) Contusion of the size of 5 cm x 3 cm on the middle of forehead. (4) Incised wound of the size of 1 cm x 1 cm x bone deep on the right side of forehead, 4 cm above the right eye-brow. (5) Contusion of the size of 6 cm x 3 cm over front of head, 4 cm above forehead. (6) Incised wound of the size of 3 cm x 1 cm x bone deep, 3 cm back of right ear. (7) Incised wound of the size of 6 cm x 2 cm x bone deep on the upper part of back of neck 1 cm behind injury No. 6. (8) Lacerated wound of the size of 2 cm x 1 cm x through and through on the right side of upper lip with fracture of upper jaw. (9) Lacerated wound of the size of 3 cm x 1 cm x bone deep on the top of head. (10) Contusion of the size of 10 cm x 8 cm over back of lower third of right hand. Both bones of the arm were fractured. (11) Incised wound of the size of 4 cm x 1 cm x through and through on the middle of the outer part of right ear. (12) Contusion of the size of 6 cm x 4 cm over the upper part of left forearm in front. (13) Lacerated wound of the size of 1 cm x 1 cm x bone deep on the upper part of left leg. (14) Contusion of the size of 3 cm x 3 cm on the right side of cheek. (15) Contusion of the size of 10 cm x 4 cm on the left side of chest with fracture of 4th to 8th ribs. On internal examination, fractures of frontal, both the parietal and occipital bones were found. Maxillary bones and base of skull were also found fractured with deposit of blood. Membranes were lacerated. Brain was lacerated with deposit of blood. Base was fractured, 4th to 8th ribs of left side of chest were fractured under injury No. 15. Pleura was lacerated on left side. Left lung was lacerated. Stomach contained about 3 ounces of semi digested food. Gases were present in small intestine and the gases and faecal matter were present in large intestine. The death had occurred due to coma as a result of head injury.;