K. K. Misra, J. - (1.) -This appeal arises out of the judgment and order dated 5.5.1981, passed by Sri R. R. Jatava, the then IIIrd Additional Sessions Judge, Hamirpur in Sessions Trial No. 257 of 1978 convicting the appellants Sudarshan and Bhan Pratap under Section 302, I.P.C. and appellants Sukhdeo and Hardayal under Section 302 read with Section 34, I.P.C. and sentencing each of them to undergo imprisonment for life.
(2.) THE appellant Har Dayal died during the pendency of appeal. Hence the appeal abated concerning him under order dated 20.11.2003. THE appeal is being taken up for decision in respect of other three appellants. According to the F.I.R., the first informant Shiv Singh is the adopted son of deceased Brij Rani and was living with her for the last 16-17 years. Accused Har Dayal is the nephew whereas accused Sukhdeo, Sudarshan and Bhan Pratap are grandsons of the deceased Brij Rani. There was litigation of land dispute between the accused persons and the deceased. Bhoj Ram was issueless. On 16.7.1978, deceased Brij Rani and Rao Rani had gone to answer the call of the nature at 8 a.m. towards the har of the north eastern side of the village pond. As soon as they reached in the field of Durga Lodhi, Sudarshan armed with Kulhari, Bhan Pratap armed with pharsa and Har Dayal and Sukhdeo armed with lathis came from the side of har and Sudarshan and Bhanpratap started assaulting Brij Rani deceased with kulhari and pharsa. When Rao Rani ran towards the village making an alarm, Har Dayal and Sukhdeo caught hold of her. On her shouts, the first informant, Udit Narain and Leela Dhar reached there and they saw the accused persons Sudarshan and Bhan Pratap assaulting Brij Rani with kulhari and pharsa. These witnesses challenged them whereupon they fled in the eastern direction. The deceased fell down and died instantly. The F.I.R. of the incident was lodged at Police Station Jarai at 12.10 p.m. on 16.7.1978 by P.W. 1 Shiv Singh. A case was registered. P.W. 4 Ravindra Kishore Pandey, the Investigating Officer, proceeded to the spot for investigation. He prepared the inquest report and sent the dead body for post-mortem examination. He also collected blood stained and plain earth from the scene of incident as also broken piece of butt of kulhari. Investigating Officer recorded the statements of the first informant Shiv Singh and witnesses Hari Singh, Ram Singh, Udit Narayan, Chain Sukh, etc. He also prepared the site plan. After completing the investigation, the Investigating Officer submitted charge-sheet. The post-mortem examination on the dead body was conducted by Dr. P. M. Singh, the then Medical Officer, Government Hospital, Rath, on 17.7.1978 at 9.30 a.m. The doctor found the following ante-mortem injuries on the dead body : (1) Incised wound 11 cm. 9 cm. brain deep on the back of right side of head, underlying occipital bone fractured in 6 pieces. Brain matter protruding out. Clotted blood present. (2) Incised wound 4 cm. 2 cm. brain deep on the right side of head 2 cm. above the injury No. 1 underlying parietal bone fractured in 3 pieces, brain matter coming out of wound, clotted blood present. (3) Contused swelling 5 cm. 5 cm. around left eye, bluish, clotted blood underneath present. (4) Abraded contusion in area of 4 cm. 2 cm. on left side of neck, middle part, fracture of thyroid cartilage present. (5) Multiple abraded contusions in area of 9 cm. 8 cm. on right scapular region with fracture of underlying scapula present, clotted blood present. (6) Abraded contusion 5 cm. 3 cm. on left scapular region. (7) Abradsion1.5 cm. 0.5 cm. on left side back of neck.
(3.) IN the opinion of the doctor, the cause of death was haemorrhage, shock and coma due to head injury. The accused persons in their statements recorded under Section 313, Cr. P.C. denied the case of the prosecution and stated about their false implication in the case due to enmity. Accused appellant Sukhdeo further stated that he was an employee of State Dispensary and he was on duty at the time of the incident.;