- (1.) This criminal appeal arises from a judgment of 4th Additional Sessions Judge, Bulandshahar dated 26.4.1983 convicting and sentencing the appellants to imprisonment for life under Sections 302/149 I.P.C. and one and a half year RI under Section 147 I.P.C. Both the sentences were to run concurrently. As the appellant Rajpal has died and a report to this effect has been received from the C.J.M. Bulandshahar dated 17.9.2007, the appeal against appellant Rajpal abates. The prosecution case was that the accused had made an electric line pass over the house of Rishal. This had been objected to by Rishal, where upon an altercation has ensued 7-8 days earlier and Rishal was threatened with dire consequences. On the date of incident i.e. 18.8.1982 at about 8.00 a.m. when Rishal was taking his animals for grazing to the jungle in the village Adha, then the appellants surrounded him and assaulted him with lathis. On the cries of Rishal, PW-2 Shiv Charan, Naubat, Khajan, Inchha and PW-3 Yad Ram and informant Hari Ram PW-1, brother of deceased Rishal arrived. They saved Rishal, who had a number of injuries on his legs and hands. As his condition was serious, he was taken to Bulandshahar Hospital. A report of this incident was lodged by Hari Ram PW-1 at the police station Sikandrabad on 18.8.1982 at 3.30 p.m. The formal check report was drawn up by PW-5 Mahavir Singh. The deceased Rishal was medically examined by PW-8 Dr. R.R. Tyagi on 18.8.1982 at 10.30 a.m. He found the following injuries on his person: 1. A compound fracture in the lower part of left leg with traumatic swelling and bleeding and a lacerated wound 4" x 1 x bone with clotted blood. 2. Abrasion 1 1/2" x 1" on the dorsum of left foot with traumatic swelling on the whole foot. 3. Lacerated wound 1" x 1/0" x bone on the front of lower middle left leg. 4. Lacerated wound 1 1/2 x 1/4" x muscle in the web between left index and middle finger. 5. Traumatic swelling 41/2 X 31/2 on the dorsum of left hand with suspected fracture. 6. Traumatic swelling 4" x 3" over distal part and middle of left forearm. 7. Contusion with traumatic swelling 3" x 2" over the distal part of right forearm and the proximal part of right hand. 8. Complaint of pain in back of both sides. Injuries were kept under observation and were caused by blunt object. The duration was fresh. Injury No. 1 was grievous. The injury report has been proved as ext. Ka-15.
(2.) The deceased died on 18.8.1982 at 8.00 P.M. in the Hospital. PW-7 S.I. Mahendra Singh had conducted the inquest. After death the body was handed over to Constable Dharampal, who took the same for autopsy. PW-4 Dr. D.V. Singh conducted the post-mortem on the body of deceased on 19.8.1982 at 5.15 p.m. He found the following ante-mortem injuries on the body: 1. Stitched lacerated wound 1 1/2 "long in the web in between the index and little finger. On removal of stitches a wound 1 1/2 x 1/4" x muscle deep was found. 2. Swelling 4 1/2 x 3 1/2 on the dorsum of left hand, with fracture of left middle finger, proximal phalanx . 3. Swelling 4" x 3" on the middle of left fore arm back, with fracture of left radius underneath (Plastered). 4. Contusion 3" x 2" on the back of right wrist with fracture of right radius , lower end(Plastered). 5. Lacerated wound 4" x 1" x bone on the front of left leg, lower third with fracture of both the underlying bones (Plastered). 6. Swelling (with abrasion 1 1/2 x 1") all over the left foot. 7. Lacerated wound 1" x 1/10" x bone on the front of left leg in the middle. 8. Swelling 4" x 2" on the left side of back lower part. The 7th and 8th ribs on the left side, below injury No. 8 were found fractured, on opening the body the lower lobe of the left lung was lacerated posteriorly 1" x 1/4" x 1/2". The pleura of the left lung was also ruptured and the pleural cavity had 1 pound of blood. The cause of death was shock and haemorrhage, resulting from the ante-mortem injuries. The post-mortem report has been proved as Ext. Ka-3. PW-10, SO Prem Singh commenced the investigation of the case. He proceeded to the spot and interrogated Shiv Charan and Inchha Ram. After spot inspection, he prepared the site plan Ext. Ka 17 and collected the fallen span of electric wire. The blood stained Dhoti of the victim was collected from the 'Baithak'. The recovery memos were prepared.
(3.) Sri C.P.D. Sharma, the second I.O. completed the investigation and examined Khajan, Naubat and also informant. He forwarded the charge-sheet (Ext. Ka 10). Apart from PW-5, Mahavir Singh, PW-8 Dr. R.R. Tyagi, PW-9 C.P.D. Sharma and PW-10, Prem Singh who are formal witnesses, whose roles have been mentioned above, the prosecution has also produced PW-6, Prem Prakash Manak Talia, S.D.O of Hydel department who has deposed that Ram Prakash was connecting a wire to his tube well and which line was made to run over the house of deceased Rishal for which he had made a complaint (Ext. Ka 1) dated 16.8.1982. Apart from the aforesaid formal witnesses, PW-1 informant brother of the deceased Rishal, PW-2 Shiv Charan and PW-3 Yad Ram are the eyewitnesses and witnesses of fact in this incident.;