- (1.) M. Chaudhary, J. This is an appeal filed by the appellant from judgment and order dated 31st of March 1981 passed by II Additional Sessions Judge, Etah in Sessions Trial No. 79 of 1980, State v. Prem Pal & others, convicting accused Prem Pal under Section 302 IPC and Khubi and Chheda Lal under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life thereunder.
(2.) SINCE appellants Chheda Lal and Khubi alias Khub Singh were reported having died the appeal preferred by these appellants stood abated vide order dated 8-1-04. Brief facts giving rise to this appeal are that at about 7. 00 p. m. on 24th of October 1979 Beni Ram, cousin of the deceased lodged an FIR at police station Kasganj situate at a distance of two and a half miles from Nagla Kiloni alleging that there was a long standing enmity between him and his first cousin Niwasi Lal on one hand and Prem Pal and his family members on the other as his father Bhupat Singh was murdered on one hand and Gyan Singh father of Prem Pal and his two family members were murdered on the other and persons on both the sides were prosecuted therefor. Though ultimately both the cases ended in acquittal. Subsequently Niwasi Lal alongwith his children started residing at Kasganj. On 24th of October 1979 Niwasi Lal went from Kasganj to Nagla Kiloni to see Beni Ram and after visiting his house he went to the chhappar of Chaturi. At about 5. 00 p. m. Chaturi alongwith Angad, Chheda Lal son of Dhan Singh, Niwasi Lal, Genda and Roshan were playing cards sitting on cots lying in his chhappar. Chheda son of Narain and Khubi were also sitting there. At that time Prem Pal brought a load of millet and went to his house. After a little while at about 5. 30 p. m. Prem Pal again came there having load of millet which he placed at the corner of the chhappar and took out a sickle from the fascine of millet and put the same on the neck of Niwasi Lal almost chapping off his head by neck and then Khubi and Chheda Lal caught hold of Niwasi Lal by pressing his legs and at that time Prem Pal took out a 'gandasa' from inside the bundle of millet find gave gandasa blows at his body. On hearing the hue and cry raised by Chaturi one Virendra Singh and several other co-villagers rushed to the scene of occurrence and witnessed the incident. The police registered a crime against the accused under Section 302 IPC accordingly and made entry regarding registration of the crime in the general diary. Investigation of the case was entrusted to SI Udal Singh who went to the scene of occurrence but since there was no proper arrangement of light inquest proceedings could not be conducted in the night. However the Investigating Officer recorded statements of the witnesses. The following morning SI Udal Singh drew inquest proceedings on the dead body of Niwasi Lal and prepared the inquest report (Ext. Ka-6) and other necessary papers (Exts. Ka-7 to Ka-10) and entrusted the dead body in a sealed cover to constables Ram Narain and Har Prasad for being taken for its post mortem. He collected blood stained and simple earth from the scene of occurrence and prepared its memo (Ext. Ka-11) and did other necessary things. He also inspected the site and prepared its site plan map (Ext Ka. 18 ).
(3.) AUTOPSY conducted on the dead body of Niwasi Lal by Dr. P. N. Verma, the then Medical Officer District Hospital Etah on 26th of October, 1979 at 10. 00 a. m. revealed the below noted ante mortem injuries: (1) Lacerated wound 19 cm x 7 cm x bone Jeep around the neck except on the back at spine and all the muscles and other organs thereunder cut. (2) Lacerated wound 9 cm x 4 cm x brain deep on right side of head 2 cm above right ear. Wound was oval shaped. Underlying bone fractured. (3) Lacerated wound 4 cm x 3 cm x muscle deep on the top of right shoulder. (4) Lacerated wound 15 cm x 4 cm x muscle deep on outer side of right arm in upper and middle part. (5) Lacerated wound 9 cm x 5 cm x through and through on right hand from wrist to web between thumb and index finger. Underlying bone cut. Thumb attached by skin only. (6) Lacerated wound 12 cm x 2 cm x bone deep on palmer side of left hand from wrist to little finger. Underlying bone cut. Little finger attached by skin only. (7) Lacerated wound 4 cm x 2 cm x bone deep on palmer side of left thumb at the root. On an internal examination right temporal bone was found fractured and trachea and esophagus cut. Stomach and small intestine empty. Large intestine contained small amount of faecal matter. The doctor opined that the death was caused about one and a half to two days ago due to shock and haemorrhage as a result of ante mortem injuries. It appears that on 5th of November 79 investigation of the case was transferred to Station Officer Inspector Virendra Singh who after completing investigation submitted charge sheet against the accused.;