- (1.) By the instant appeal the appellants have challenged the judgment and order dated 4.5.2001 passed by IV Additional Sessions Judge, Pratapgarh in Sessions Trial No. 580 of 1998, convicting the appellants under section 302/34 IPC and sentencing to undergo imprisonment for life and imposing of fine of Rs. 5,000.00. In the event of default in payment of fine, the appellants shall undergo imprisonment for further six months imprisonment. Under section 323/34, appellants have been sentenced to undergo six months' simple imprisonment. Both the sentences were directed to run concurrently. Brief stated, according to the prosecution case, report of the incident was lodged by Kandhai Lal alleging that he is resident of Mian Ka Purwa, P.S. Kunda, District Pratapgarh. On 2.9.1998 at about 9:30 p.m. his father Chhote Lal had verbal altercation with his elder brother Jia Lak and Jia Lal's wife Shyama Devi in connection with partition of the house. The informant forbade them but they did not pay any heed. Thereafter, Jia Lal and his wife started assaulting his father with saria. The informant and his wife tried to save his father but they were also assaulted. When both of them fell on ground, Jia Lal and his wife again assaulted his father resulting in serious injuries on the head of his father Chhote Lal and he succumbed on the spot. On raising alarm, informant's mother and many other villagers reached there. The report of the incident lodged on 3.9.98 at 1:20 a.m. After registration of the case, S.I. Shailendra Singh alongwith S.O. Dhirendra Kumar Upadhyaya reached at the place of incident but due to paucity of light inquest could not be prepared. The next morning at 6:45 a.m. he prepared inquest on the dead body of Chhote Lal. Statement of inquest witnesses, namely, Ram Sajiwan, Abdul Karib, Awdhesh Kumar, Dhuti Lal and Shiv Nath were recorded. Naksha lash and other relevant papers were prepared and the dead body was dispatched for post-mortem. On 4.9.1998 S.O. Dhirendra Kumar Upadhyaya had recovered saria from the house of Jia Lal and prepared recovery memo, which is Ex. Ka-2. PW-8 Sunil Dutt Dubey SHO P.S. Kunda proved the chik F.I.R. and G.D. Entry which is Ex. Ka-3. He recorded statement of the informant Kandhai Lal. Thereafter he was transferred. PW-9 Dhirendra Kumar Upadhyaya investigated the case after the transfer of PW-8. He proved the site plan, Ex. Ka-16, collected blood stained and plain earth, Ex. Ka-17. He got recovered saria on the pointing out of the accused Jia Lal. He recorded the statements of eye-witnesses and submitted charge-sheet which is Ex. Ka-20.
(2.) PW-5 Dr. A.K. Srivastava had medically examined Smt. Meena Devi on 3.9.1998 at 1:35 a.m. and noted the following injuries: "1. Abraded contusion 2 cm x 1.5 cm on right side of skull 5 cm above right ear; 2. Complaint of pain right side lumbar region back; 3. Abrasion 3.5 cm x 0.5 cm in left fore arm, 6.5 cm above wrist joint; 4. Complaint of pain in left leg."
(3.) In the opinion of the doctor all injuries were simple and caused by hard blunt object, except injury No. 3 which was caused by friction. The injuries were fresh. Dr. Srivastava also medically examined Kandhai Lal and noted following injuries: "1. Contusion 2.5 cm x 1 cm on left side of forehead, 1.5 cm above eye brow; 2. Contusion 4 cm x 1 cm on right side on spine of scapula; 3. Complaint of pain in scrotum.";