I. P. Singh, J. - (1.) HARDWARI, Rajju, Sarju, Babu Ram s/o Manni, Dilawar s/o Haidwari and Nathu s/o Lallu, appellants have preferred this appeal against the judgment and order of Sri J. N. Bansal, II Additional Sessions Judge, Farrukbabad, dated 10-8-1977, passed in S.T. No. A-2 of 1977 State v. HARDWARI, convicting and sentencing each one of the appellants under Section 302 read with Section 149 IPC to imprisonment for life and under Section 147 IPC to one year RI. Both sentences were to run concurrently.
(2.) HARDWARI, Rajju, Sarju, Babu Ram (four appellants), Ram Nath (since murdered) and Maiku (died after the present occurrence) are sons of Manni, resident of village Rasoolpur, P. S. Kaimganj, District Farrukhabad. Dilawar appellant is son of HARDWARI appellant. Nathu is son of Lallo and belongs to the same village. The prosecution case is that four days prior to the instant murder of Sughar Singh of village Rasoolpur one Ram Nath brother of Hardwari appellant was murdered. In the FIR lodged about the murder of Ram Nath, Sughar Singh deceased was named as one of the murderers. On 1-5-1976 Asha Ram complainant PW 1 husband of sister of Sughar Singh deceased r/o village Tajpur Bera Gadhiya, P. S. Aligani, District Etah, accompanied by Babu Ram PW 2 resident of Tajpur happened to visit Sughar Singh at his house in village Rasoolpur. Soon after their arrival they heard a rumour that the police was soon arriving in the village to arrest Sughar Singh in connection with the murder of Ram Nath. Sughar Singh deceased told Asha Ram and Babu Ram that as he was named for the murder of Ram Nath, there is every likelihood of his arrest, so they should leave the house. All three of them left the village and went to Thigarawala's field of Sughar Singh deceased, situated towards south of the village Abadi. At that field Smt. Batasho PW 3 widowed sister of Sughar Singh deceased, was plucking Hariyali. All three of them noticed that these six appellants and Maiku all carrying lathis were coming towards them. Sughar Singh became suspicious that they would assault and kill him. He, therefore, started running away towards Peelkhana (south). All the said seven assailants chased him. Asha Ram PW 1 Babu Ram PW 2 and Smt. Batasho PW 3, in order to save Sughar Singh ran after the said assailants. The said seven assailants succeeded in over taking Sughar in the ' Usar ' near the Rahat of Bhagwan at about 5 PM and assaulted him with lathis. The said three witnesses raised alarm in order to save deceased Sughar Singh. The said seven assailants killed him on the spot before running away saying that he (Sughar Singh) was their enemy and so they had killed him.
(3.) ORAL FIR of this incident was lodged by Asha Ram complainant PW 1 at Police Station Kaimganj, next day on 6-1-1976 at 9.30 A.M. 12 miles away It was mentioned in the FIR that all the assailants were dangerous persons, so on account of fear he did not proceed to Thana to lodge the report during the night. The post mortem examination on the dead body of Sughar Singh was conducted by Dr. Sabeer Hussain, Civil Surgeon (Medical Officer) District Hospital, Fatehgarh, on 7-1-1976 at 3.30 PM. The probable age of the deceased was 45 years. The probable time since death was one day. The following ante mortem injuries were found on his person : 1. A lacerated wound 1" x 1/4" x bone deep over the left leg, 4" above the ankle. 2. An abrasion 1/2" x 1/2" over the right knee. 3. A lacerated wound 1/2" x 1/4" x bone deep over the right wrist with fracture of both the bones underneath it. 4. Fracture of left humerous in the middle. 5. Abrasion 1/2" x 1/4'' in the middle of the left fore-arm. 6. Abrasion 2" x 1" over the anterior aspect of right shoulder. 7. Abrasion 1" x 1/2" on the outer aspect in the middle of right thigh. 8. A lacerated wound 1 1/2" x 1/4" x scalp, 3" above the bridge of nose, over the head mid-line. 9. Abrasion 1/2" x 1/2" on the left temple. 10. Abrasion 2" x 1 1/2" on the right side of back in its lower one third portion. 11. Four abrasions 1/2" x 1/2" to 1/3" x 1/3" on the lower one third of back in an area of 5" x 3". 12. Contusion on the right side of back, in the middle. ;