R.K.AGRAWAL, J. - (1.) This appeal has been filed against the order of conviction and sentence passed by IV Addl. Sessions Judge, Gonda in Sessions Trial No. 322 of 1977 convicting both the appellants for an offence under Section 302/14 IPC and sentencing each of them to undergo imprisonment for life for committing murder of Mangal in the night of 27/28-5-76 in village Pathanjet h/o Mancharjet, P.S. Kharaupur, District Gonda.
(2.) Prosecution story is as follows :-On 28-5-76 Chhotey Lal Chowkidar got information in the morning that a dead body was lying in village Pathanjet in a field. He along with other persons went there and saw a naked dead body lying in a field. No one could, however, identify the said dead body. The information about the same was given by Ghhotey Lal Chowkidar by lodging FIR Ext. Ka 6 at P.S. Khargapur at about 14 hours. The case was taken up by SI Thakur Pd. Pandey for investigation. He along with other police personnel reached the spot in the evening and prepared Panchayatnama of the dead body. He also took into custody Dhoti Ext. 4, Banyain Ext. 5 and Angochha.. Ext. 6 from the dead body of the deceased. He sealed the dead body and sent the same for post-mortem. He took into custody the blood stained and ordinary clay from the spot and prepared necessary Fard. He also took photograph of the dead body. He interrogated Chhotey Lal Chowkidar on the spot and inspected the site and prepared site-plan Ext. Ka 15.
(3.) On 30-5-76 Dr. Narendra Verma conducted post-mortem examination on the dead body of the. deceased and found following things :-On external examination the doctor found Rigor mortis passed off, decomposition present, body' swollen and also found following ante-mortem injuries :- Incised wound 20 cm x 6 cm x neck vertobrac deep on right side of neck at the root of head extending from left side of front of neck to right side and back of neck towards left side, cutting down trachea Oesophagus and neck vessels of right side and third cervical vertebrae of neck.Injury was caused by a sharp heavy cutting weapon :On internal examination the doctor found the stomach empty small intestine empty and large intestine full and conjested. Death was caused by haemorrhage and shock due to' neck injury.;