S.I.Jafri J. - (1.) Man Mohan, Gaya Din, Jagdish and Santosh have filed & his appeal appeal their conviction under Section 302 read with Section 34 Indian Penal Code and sentence of life imprisonment recorded by Sri Han Har Saran, Sessions Judge Jhansi by his judgment and order dated 12-5-1975. The deceased Kishore Prasad and the appellants Manmohan, Gaya Din and Santosh are colatarals whereas appellant Jagdish belongs to the party of accused. It may further be noted that Man Mohan appellant hap turned out his wife after giving her beating and he had kept Kamla as his concubine and accused Santosh was born out or the said union between Man Mohan and Kamla. 3. It is alleged by the prosecution that there was a litigation between Kishore Prasad deceased and Man Mohan appellant and he had also sent application to the authorities alleging apprehension of violence from the side of Man Mohan appellant and other accused. As shown above in the pedigree. Man Mohan appellant is the son of Jugal Kishore, the real brother of Kishore Prasad deceased. The appellant Jagdish is the son of Babu lal who is the brother of Man Mohan and Santosh is toe son of appellant Man Mohan. Gaya Din belongs to the party of appellant Man Mohan as stated above. 4. The prosecution case is that at about - 9.30 A.M. on 30th December 1975, the deceased Kishore Prasad was going from his village Sisa to Poonch and when he reached on the road near the Chabutra of Sati the appellant Man Mohan armed with Kulhari, Gaya Din and Santosh appellants armed with Barchhees and Jagdisb appdlant armed with Lathi, assaulted him with their respective weapons and on receiving the injuries, the deceased Kishore Prasad fell down and died on the spot. The occurrence is said to have been witnessed by a number of witnesses and on the their raised by them, the appellant made good their escape. P.W. 11 Shyam Sunder, nephew of the deceased, went to Police Station Moth and lodged written export Ex. ka. 15 at the Police Station at 11.30 A.M. on 30-12-75 P.W. 5 Tulsi Ram prepared the Chik Report Ex. ka. 3 and on the basis of the aforesaid report, he registered a case in the General Diary of the Police Station against the appellants. Copy of the said G.D. entry is Ex. ka. 4. P.W. -12 Ram Singh Sub-Inspector was present at the Police Station when the aforesaid case was registered, He took the investigation of the case in his hands and recorded the statement of Head constable Tulsi Ram at the Police Station and left for the place of occurrence. On the way at Police Out-post Poonch, he took the Police Personnels with him and reached the place of occurrence. He prepared the inquest Ex. ka. 9 on the body of the deceased Kishore Prasad and sent the dead body of the deceased Kishore Prasad in a sealed cover to Mortuary for post mortem examination through constables Achhe Lal and Sri Kant. He also inspected the scene of occurrence and prepared site plan Ex. ka. 27. He also found blood at the place of occurrence and in the presence of the witnesses, he collected blood-stained and plain earth from the place of occurrence and prepared recovery memo. He then, recorded the statements of the witnesses. He also searchect for the accused persons but they were not found. He also searched the houses of the appellants but nothing incriminating was found therein. 5. Doctor R.K. Arora conducted autopsy on the dead body of the deceased Kishore Prasad at 11.30 A.M. on 31-12-1975. The Post Mortem report is EX. ka. 1. He found the following anti-mortem injuries on the person of the deceased: 1. Lacerated wound x 1/2 x muscle deep on the loft lower lip.
(2.) Incised wound 1, X 2/3 x bone deep on the front of chin middle. Wound was horizontal. The underlying bone lower both sides was fractured and right upper lateral incisor tooth and left lower lateral incisor tooth were missing with blood clots in their sockets. The other teeth were loose.
(3.) Incised wound x x muscle deep on the right upper lip, slightly oblique.;