M. C. Jain, J. - (1.) -Both these appeals have arisen out of judgment and order dated 4.12.1981, passed by Sri S. C. Srivastava, the then IInd Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 216 of 1980. Smt. Godhi alias Sukhbiri and her husband Budh Singh are the appellants in Criminal Appeal No. 2875 of 1981 whereas their son Chandan Singh is the appellant in Criminal Appeal No. 3041 of 1981. Chandan Singh has been convicted under Section 302, I.P.C. and sentenced to life imprisonment. The other two appellants have been convicted under Section 302 read with Section 34, I.P.C. and they, too, have been sentenced to life imprisonment.
(2.) THE incident took place on 20.4.1980 at about 8 a.m. in the jungle of village Kajal Hedi, Police Station Shamli, district Muzaffar Nagar and the report was lodged the same day at 10.30 a.m. by Sukhpal Singh P.W. 1, an eye-witness who is brother of the deceased Rajendra Singh. THE distance of the police station from the place of occurrence was about 7 miles. Deceased Rajendra Singh was the son of Gyan Singh, brother of the accused appellant Budh Singh, meaning thereby that the three accused appellants are close relatives of the deceased. Gyan Singh, Vijay Singh and Budh Singh, being brothers, divided their agricultural plots amongst themselves by a private arrangement. Plot No. 473 had been divided between Vijay Singh and Gyan Singh in such a way that the eastern portion was in possession of Vijay Singh and the western portion was in possession of Gyan Singh, there being a mend to divide the two portions. To the west of plot No. 473 was plot No. 474 and it was in exclusive possession of Vijay Singh. To the east of plot No. 473 also was plot No. 469 which was also in possession of Vijay Singh. To the south of plot Nos. 474 and 473 respectively were plot Nos. 475 and 472 in possession of Budh Singh accused. To the south of Plot No. 472 was plot No. 471, the northern portion of which was in possession of Budh Singh and the southern portion was in possession of Sukhpal Singh, with a drain running east-west between the two portions. This drain was connected with another drain running north-south from a tubewell of Gyan Singh in plot No. 469 and was situated to the east of plot Nos. 471, 472 and 473. It was alleged that the drain situated in plot No. 471 was exclusively used by Sukhpal Singh for irrigation of his land. On the fateful day and time, Sukhpal Singh, P.W. 1 and his brother Rajendra Singh deceased were sowing sugarcane in the portion of plot No. 473 in possession of their father Gyan Singh, Pheru Singh P.W. 2, Vijay Singh P.W. 3, Mahendra Singh and Lakhmi Chand were also helping them in sowing. The three accused Budh Singh, his wife Godhi alias Sukhbiri and Chandan Singh were sowing sugarcane in their field. Budh Singh and Chandan Singh started dropping earth in the drain of Gyan Singh. Rajendra Singh deceased objected to it on the ground that it would be required to be cleaned. On the objection raised by the deceased Rajendra Singh, the three accused appellants became furious and retorted back that they would teach about it then and there. Budh Singh and his wife caught hold of Rajendra Singh and Chandan Singh accused stabbed Rajendra Singh with a knife in the abdomen. He fell down immediately. Sukh Pal Singh and others lay Rajendra Singh on a cot and started taking him to the hospital. However, when they reached near the temple in the village, Rajendra Singh expired. Sukh Pal Singh went to the police station and lodged the F.I.R. by oral narration. A case was registered and investigation started at the hands of Sub-Inspector Pitam Singh P.W. 7. He reached the spot, prepared the inquest report of the dead body of the deceased and after completing necessary formalities sent it for post-mortem. The post-mortem over the dead body of the deceased was conducted on 21.4.1980 at 12 O'clock noon by Dr. C. S. Tripathi P.W. 4.
(3.) THE deceased was aged about 32 years and about 1-1/4 days had passed since he died. THE following ante-mortem injuries were found on his person : (1) Punctured wound 3/4" x 1/4" x abdominal cavity deep on the upper part of the abdomen 3-1/2" above the umbilicus at 11 O'clock position. Both the margins clean cut. THE wound directed backwards and upwards and to the right side. (2) Contusion 3" x 1" on the left side of the back, upper 1/3. (3) Abrasion 1-1/2 x 1/2" on the left side of the back, 1-1/2" above "injury No. 2. The cause of death was shock and haemorrhage due to ante-mortem injuries.;