- (1.) THESE two appeals have been preferred against a judgement and order dated 8.9.1981 passed by I Additional Sessions Judge, Kheri in Sessions Trial No. 348 of 1980 whereby the appellants have been convicted under Section 302/34 IPC and sentenced to imprisonment for life.
(2.) THE informant in this case is Parmai Lal resident of village Padaria Tula, P.S. Bhira, District Lakhimpur Kheri. According to the prosecution case, there had been proceedings under Section 107/116 Cr.P.C. between the deceased and the accused. On 5.4.80 at about 5 p.m. Ram Bhajan, a common friend of the deceased and the accused persons had taken Parmai Lal from his house to the wheat crop field of Sheo Chandra situate towards west of the village abadi. Siya Ram and Chhanga armed with spears and Maya Ram armed with a Kanta were already present there. The moment Parmai Lal reached there, Siya Ram, Chhanga and Maya Ram challenged Parmai Lal and assaulted him by their respective weapons. On alarm being raised by Parmai, his father Sheo Charan (PW -4), his wife and Soney Lal (PW -2), Chhanga (PW -3), Jai Jai Ram (PW -5) and Bhikhari rushed towards the place of occurrence. The accused persons ran away after assaulting Parmai Lal, who was in a critically injured condition. He was taken to his house and from there he was taken to Bijuwa Primary Health Centre for treatment. Parmai Lal got F.I.R. scribed at P.H.C. Bijuwa by Bankey Lal (PW -1). The report was handed over to Sheo Charan (PW -4) for being lodged at police station Bhira. He lodged the F.I.R. the next morning i.e. on 6.4.80 at 8 a.m. Dr. R.K. Singh (PW -8) medically examined Parmai Lal at 9:55 p.m. On 5.4.80 i.e. the date of occurrence and noted the following injuries on his person: 1. Incised wound 8 cm x 11/2 cm x bone deep (11/2) outer table cut, probe not used, over right parietal region just above pinna of right ear. Wound extending over pinna of ear for 3.5 cm. Fresh bleeding present. 2. Incised wound 6 cm x 1/2 cm x bone deep (1 1/2 cm) outer table cut over left parietal region, 10 cm above pinna of left ear. Fresh bleeding present present. In both the wounds hair root cut. Margins clean cut. 3. Punctured wound 1/4 cm x 1/4 cm x 11/2 deep over right side of chest, just below second rib, 3 cm from right border of sternum. No fresh bleeding present. Bleeds on touch. 4. Lacerated wound 21/2 x 1 cm x skin deep, 2 cm outer to wound no. 3. 5. Incised wound 1 1/2 cm x 1/2 cm x 1/2 cm, just over sternum and clavicle joint. 6. Punctured wound 1/4 cm circular, communicating to lung, over left side of chest between 2nd and 3rd ribs, 7 cm. from anterior axillary fold. Air comes during respiration, surgical emphysema present around the wound. 7. Punctured wound 2 cm x 1 1/2 cm communicating to abdominal cavity, omentum protruding through wound over right side of abdomen (penetrating through chest wall) 13 cm below right nipple. 8. Punctured wound 2 cm x 1/2 cm (bone deep) over inner back side of left forearm, 7 cm below oleaginous process of left ulna. Fragments of bone palpable, crepitus present. Bleeds on touch. 9. Punctured wound 2 cm x 1 cm x 2 cm (muscle deep) over back side of right thigh, 15 cm above right knee joint. No fresh bleeding.
(3.) AFTER lodging of the report by Sheo Charan PW -4, Head Moharrir Shyam Bihari Shukla (PW -6) had prepared chik F.I.R. (Ex. Ka -2) and also prepared G.D. entry (Ex. Ka -3). Ram Singh Rathore (PW -13), the investigating officer of the case, proceeded for P.H.C. Bijuwa where he reached at about 9:15 a.m. At 9:20 a.m. he recorded statement of Parmai Lal (Ex. Ka -16). Thereafter Parmai Lal was taken to District Hospital, Lakhimpur Kheri escorted by Constable Rama Kant Pandey (PW -11). The investigating officer recorded the statement of Sheo Charan (PW -4), Smt. Santa, wife of the injured Parmai Lal and Bankey Lal (PW -1) at the premises of P.H.C. Bijuwa. Thereafter he reached village Padaria at the place of occurrence by 2:45 p.m. He recorded the statements of Soney Lal (PW -2), Chhanga (PW -3), Jai Jai Ram (PW -5), Bhikhari and certain other persons. He also prepared site plan (Ex. Ka -18) and collected blood stained and plain earth under recovery memo (Ex. Ka -17). On 6.4.80 a ward -boy at P.H.C. Bijuwa filed written information (Ex. Ka -5) at 3:35 p.m. about the death of Parmai Lal. The case was, therefore, converted under Section 302 IPC vide G.D. entry which is Ex. Ka -6). S.I. Irshad Ali (PW -12) prepared inquest on the dead body of Parmai Lal and also prepared relevant papers for postmortem examination. On 7.4.80 PW -7 Dr. R.K. Vatsa conducted autopsy on the dead body of the deceased at 11 a.m. and prepared postmortem examination report (Ex. Ka -8). He noted the following ante mortem injuries on the corpse of Parmai Lal: 1. Penetrating wound 2 cm x 1.5 cm x abdominal cavity deep, over right side of chest, 13 cm below from the right nipple. Margins sharp and covered with clotted blood. 2. Penetrating wound 1/2 cm x 1/4 cm x chest cavity deep over left side of chest, 7 cm above from the left nipple at 12 0' clock position. Margins sharp and covered with clotted blood. 3. Penetrating wound 1/2 cm x 1/4 cm x chest cavity deep over right side of chest, 6 cm above and medially from right nipple at 2 0' clock position. Margins sharp. Clotted blood present. 4. Abraded contusion 2.5 cm x 1 cm over right side of chest, 2 cm away from injury no. 3. 5. Incised wound 1.5 cm x 1/2 cm x skin deep over right side of chest, just below inner end of right collar bone, margins sharp, covered with clotted blood. 6. Incised wound 8 cm x 1.5 cm x bone deep over right side of skull, just above right ear, vertical spindle in shape, sharp, covered with clotted blood. Right parietal bone out superficial underneath injury with clean cut margins. 7. Incised wound 4 cm x 1/2 cm x cartilage deep over pinna of right ear, margins sharp, clotted blood present. 8. Incised wound 6 cm x 1 cm x bone deep over left side of skull, 10 cm above from the pinna of left ear, horizontal, spindle in shape. Clotted blood present. 9. Abrasion 1 cm x 1 cm over back of right elbow joint. 10. Abraded contusion 2 cm x 1 cm over outer side of right wrist joint. 11. Incised wound 4.5 cm x 1 cm x muscle deep over outer wall of left axilla. Margins sharp, spindle in shape, oblique covered with clotted blood. 12. Incised wound 4 cm x 1 cm x muscle deep, 2 cm away from injury no. 11. Margins sharp, spindle shaped, clotted blood present parallel to injury no. 11. 13. Incised wound 2.5 cm x 1.5 cm x bone deep over upper 1/3rd of left forearm outer aspect. Margins sharp. Clotted blood present. On dissection, both radius and ulna bones cut through and through underneath injury. 14. Penetrating wound 2 cm x 1/2 cm x chest cavity deep over back of chest left side, just below lower angle of left scapula. Margins sharp, clotted blood present. 15. Abraded contusion 2 cm x 1 cm over right hip bone. 16. Incised wound 2 cm x 1 cm x muscle deep over middle 1/3rd back of right thigh. Margins sharp, spindle in shape, oblique and covered with clotted blood. In the opinion of the doctor, the death had occurred about one day prior to the postmortem examination and was a result of shock and haemmorrhage as a consequence of ante mortem injuries.;