- (1.) BY the Court. - The above appeals were preferred by the appellants one by Paras Ram and other by Sewak Ram. Both of them were convicted by the trial Court under Section 302/34 I.P.C. and the sentence awarded to them was imprisonment for life. Aggrieved by the said judgment and order these appeals came into being in this Court.
(2.) THE brief facts, of the case, as contained in the F.I.R. are as under: The deceased Nathhu Singh had been in his field to graze his cattle in the early hours of the morning on 24 -10 -1980. Ram Sajeevan P.W. 1 was also grazing his cattle in the near vicinity. In the meantime appellant Paras Ram and Ram Sajeevan also arrived at the scene of occurrence alongwith their cattle. The allegation further is that the cattle of Paras Ram ventured into the field of the deceased. It grazed and damaged some paddy crop of the deceased. He had raised objection to the unwarranted act of the appellant Paras Ram. Since he nursed an impression that it was pushed deliberately there. Paras told the deceased that his cattle,will graze in the same manner. The deceased angrily told the appellant that he will not permit him to do so. At this the two appellants retreated back to their village and shortly thereafter reappeared at the scene of occurrence. Paras Ram held an Axe and Sewak Ram a Lathi. The deceased was returning to his paddy field after turning the intruding cattle out of his field. He was intercepted by Subedar who was sitting on the 'Mendh' of his paddy field and he engaged the deceased into some conversation in the interregnum between these appellants retreat and re -emergence. At about 12.30 hours, the appellants reached this particular spot and started belabouring the deceased with Lathi and Axe. The alarm raised by the deceased attracted to the scene of occurrence Nathhu Singh and Ram Adhar. On their approach and challenge thrown by them the assailants ran away leaving the deceased in a precarious condition. The villagers who came to the place of occurrence brought the deceased on a cot to his house. The deceased as a result of injuries suffered by him breathed his last at about 3 p.m. In the intervening time presumably no medical aid could be managed for him. The report, of the incident, came into being at the instance of the brother of deceased, Badam Singh, on his return to his house. He claimed to have learnt about the incident but it is not revealed in the F.I.R. as to who was the source of this information to him. Leaving the dead body at his home he prepared a written report and proceeded for its registration to the concerned police station i.e. Thathiya. It was at a distance of 22 kms. from the spot. The report was registered at the police station at 7 p.m. on 24 -10 -1980. The police arrived at the scene of occurrence on the next morning. Inquest memo was prepared and the dead body was dispatched to the mortuary for post mortem examination. The post mortem on the body of the deceased Natthu Singh was conducted by P.W. 6 Dr. A.K. Dubey on 26 -10 -1980 at 3.30 p.m. i.e. after two days and thirty minutes after his demise. The post mortem examination report is Ex. Ka -12. A perusal of the post mortem examination report reveals that the condition of the dead body was bad. Rigor mortis had passed off and decomposition in both limbs had started. Abdomen was distended. Blisters were also present. Skin peeled off at places. We have to bear in mind that this was the month of late October and coldness in the weather will already venture in by this time. The deceased had suffered contusions and three lacerations. All these injuries were on non -vital part of his body including the hand, the elbow, the palmer aspect and the legs, ankle joint etc. There was internal damage underneath most of the injuries. The bones underneath injury Nos. 1,2,3,4,6 and 8 bad fractures of left arm upper part, right arm upper and middle part, right wrist on dorsal aspect, dorsal part of left hand, left index finger proximal part and tibia and fibula in right leg. The post mortem report does not indicate sufferance of any sharp edged weapon injury by the victim though the use of an Axe in the incident was attributed to appellant Paras Ram. At this juncture, it would be pertinent to point out that inquest memo shows presence of two cut injuries, one on each leg, which were found to be lacerated wounds by the medical officer conducting the autopsy though no such note was put by the officer on the post mortem examination report about this conflict between the inquest and the post mortem but this Court is not precluded from taking notice of the said controversy, since these documents have already been proved and admitted in evidence.
(3.) THE prosecution in support of its case examined two eye witnesses, Ram Sajeevan and Ram Adhar P.W. 1 and 2. No other eye witness, though presence of some other persons was also alleged, was examined in the case. The body was escorted for post mortem examination by constable Brahmdatt Shukla. Ram Datt Dixit, P.W. 5 was the Investigating Officer, as earlier detailed Dr. A.K. Dube conducted the autopsy on the person of the deceased. One Naveen Chandra Goyal was examined as Court witness No. 1. He is a clerk in the bank to establish that Badam Singh, P.W. 4, the informant, had come to his Bank. It was Saturday and the banking hours ought to be only upto 12 noon, therefore, establishment of this fact does not in any manner discredit the presence of this witness by 4 O'clock in his village and his going to the police station for lodging the report is probable.;