- (1.) M. Chaudhary, J. This is an appeal filed by the accused appellants from judgment and order dated 30th of September 1981 passed by Sessions Judge Agra in Sessions Trial No. 540 of 1980, State v. Ram Sahai & others, convicting appellant Gopal under Section 302 IPC and Ram Sahai under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life thereunder. Co-accused Thakuri was acquitted by the trial Court.
(2.) CO-accused Ram Sahai who also filed the appeal alongwith Gopal was reported having died and hence his appeal stood abated vide order dated 24-11-2003. Brief facts giving rise to this appeal are that civil litigation was going on between the first informant's father Babu Ram and others on the one hand and Kamlesh Kumari and others on the other over a house and Ram Sahai was doing pairvi of the opponents. At about 2. 30 p. m. on 3rd of December 1979 he and his father Babu Ram were going towards the market and as they reached in front of the shop of Ram Sahai situate in the same locality Ram Sahai alongwith his son Gopal and cousin Thakuri started hurling abuses on him. Thakuri and Ram Sahai stated that he had compelled them to go to the High Court and now they would see him and at the exhortation of Thakuri, Ram Sahai caught hold of Babu Ram and Gopal gave him knife blows and sustaining the fatal injuries Babu Ram fell down on the ground. The cries raised by Jagdish Prasad attracted one Gyan Singh, Hira Lal, Chandra Bhan and Pooran to the scene of occurrence who witnessed the incident. The miscreants ran away in the lane. Immediately Jagdish Prasad with the help of others took his injured father to SNM Hospital where he succumbed to the injuries sustained by him. Then Jagdish Prasad went to the police station Firozabad (south) situate at a short distance and lodged an FIR of the occurrence which was taken down by the police. The Head Moharrir prepared check report of the said crime at that very time i. e. 4. 00 p. m. and made entry regarding registration of the crime in the general diary also (Exts. Ka-1 & Ka-2 ). SI Veer Pal Singh to whom investigation of the crime was entrusted directed SI Natthi Lal Sharma to go to the SNM Hospital Firozabad to draw inquest proceedings on the dead body of Babu Ram. The investigating officer went at the scene of occurrence where he inspected the site and prepared its site plan map (Ext. Ka-7 ). He collected blood stained and simple earth from the site and prepared their memo (Ext. Ka-8 ). He also recorded statements of the witnesses and did other necessary things. Si Natthi Lal Sharma went to the hospital, drew inquest proceedings on the dead body of Babu Ram and prepared inquest report (Ext. ka-2) and other necessary papers , (Exts. Ka-3 to Ka-5) and after getting the dead body in a sealed cover locked in the mortuary directed constables Bhagwan Das and Tikam Singh for the post mortem.
(3.) AUTOPSY on the dead body of Babu Ram was conducted by Dr. V. B. Bansal Medical Officer SNM Hospital Firozabad on 4th of December 1979 at 12. 30 noon which revealed below noted ante mortem injuries on the dead body: (1) Incised wound 6 cm x 2 cm x cavity deep over the right side hypochondrium 13 cm below the right nipple. (2) Incised wound 3 cm x 1 cm x cavity deep on left side abdomen 6 cm left to umbilicus. (3) Incised wound 3 cm x 0. 5 cm x skin deep over the left shoulder. On an internal examination peritoneum was found lacerated and abdominal cavity contained about 3 Ib of blood and food particles. The stomach contained 12 ozs of semi digested food. Small intestine and liver were lacerated. The doctor opined that the death was caused due to shock and haemorrhage as a result of injuries about one day ago.;