B.N.KATJU, J. - (1.) HET Ram Sobha Ram and Ram Lal have filed this appeal against the judgment of Sessions Judge, Farrukhabad, dated August 4, 1972, passed in Sessions Trial No. 114 of 1972 convicting them under Sections 302/34 and 307/44, Indian Penal Code and sentencing them to imprisonment for life and ten years' rigorous imprisonment respectively.
(2.) THE case of the prosecution is that on December 24, 1972 at about 3 a. m. Rati Ram deceased along with his son Rajaram (P. W. 2) and nephew Dwarika (P. W. 3) left their village Uliapur in order to sell potatoes which were loaded in their bullock carts. At about 3.30 a. m. when they had covered a distance at about 3/4th of a mile and were between villages Jhausa and Rampura they were surrounded by the three appellants. All the three appellants were armed with Karaulis and Soba-ram were also armed with a pistol Sobaram gave a lathi blow to Raja Ram and thereafter all the three appellants began to assault. Rati Ram deceased and Raja Ram raised an alarm but before the arrival of witnesses from village Jhausa the appellants left the scence of occurrence. The First Information Report was lodged by Lala Ram (P. W, 1) at police station Shamshabad at 9. 50 a. m. on the same day (December 24, 1971).
(3.) THE injuries of Raja Ram and Rati Ram were examined by Dr, Sabir Husain in the District Hospital, Fatehgarh, on December 24, 1971 at 8 p. m. and 8.40 p. m. respectively and the under mentioned injuries were found on their persons: Raja Ram 1. Incised wound 1/2" X 1/4" X skin on left side of forehead 2" above the left eyebrow. 2. Incised wound 1/4" X 1/10" X skin on left arm, outer surface, upper 1/3rd. 3. Incised wound 1"X 1/4" X skin 3-1/2" below injury No. 2. 4. Incised wound-3 in number- size 1"X 1/2" X skin 1" X 1/4" X skin and 1/2"X 1/4"X skin irregularly placed in an area 2"X 1" outer aspect of middle of left arm. 5. Incised wound 1/4"X 1/4" X skin, on outer aspect of left elbow. 6. Incised wound 1/4"X 1/4" skin on left side back, below inferior angle of left scapula. 7. Incised wound 1/4"X 1/4" X cavity deep, air escaping 4" below and front of injury No.6. 8. Incised wound 1/2"X 1/4" muscle deep 3" below injury No. 7. 9. Incised wound 1/2"X 1/4" muscle, left side of back 2-1/2" behind the left spine of hip. 10. Incised wound 1-1/2"X 1/2"X muscle 2" above and behind injury No. 9 on left side of back. 11. Incised wound 2"X1" X muscle 1" to right far from injury No. 10. 12. Incised wound, 3 in number size 1"X1/2" X muscle each, in an are 2"X1-1/2" just below injury No. II. 13. Incised wound 1/2"X 1/4" X skin over spine V lumber vertebra. 14. Incised wound 1"X1/2" X muscle middle of left buttock. 15. Incised wound 1/2"X 1/4" X skin on left thigh outer aspect, upper 1/3rd. 16. Incised wound 3"X 1/2" X muscle, 2-1/2" below injury No. 15. 17. Incised wound 1"X 1/2" muscle, 2-1/2" below injury No. 16. 18. Incised wound 3" X 1/4" X muscle on right left outer aspect middle. 19. Incised wound 1"X 1/2" X muscle on right arm 2" above the left elbow. 20. Incised wound 1"X 1/4" X muscle on top right shoulder, Rati Ram 1. Incised wound 1-1/2" X 1/4" X skin of back of left forearm, 1" above the wrist. 2. Incised wound 1" X 1/8" X skin on ulnar aspect of left forearm, 3" to ulnar side from injury No. 1. 3. Incised wound 1-1/2" X 1/4" X skin 1/2" behind the left outer super iliac spine. 4. Incised wound 1-1/2" X 1/2" X muscle, on left side back 1" away and to left from middle at the level of II, III spine of lumber vertebra, kidney region. 5. Incised wound 2-1/4" X 1/2" X chest cavity deep on left side chest between XI and XIII ribs, air from lungs was escaping. 6. Incised would 1" X1/4" X cavity deep, on left side of chest 1-1/2" above and in front of injury No. 5. 7. Incised wound-1/2" X 1/2" X cavity deep, on left costal margin, air escaping. 5. The dying declaration of Rati Ram deceased was recorded by Sri P. S.. Bisht, S. D. M., Kaimganj on 24. 12 1971 at 10. 10 p. m. 6. Rati Ram deceased died on 30 12. 1971 in the hospital as a result of the injuries received by him. 7. The post-mortem examination was conducted by Dr. G. D. Ahuja, According to Dr. Ahuja the cause of death was collapse of left lung due to injuries to chest cavity. 8. The prosecution examined two eye-witnesses, namely Raja Ram (P. W. 2) and Dwarika (P. W. 3). ;