Palok Basu, J. - (1.) THE State of U.P. has preferred this Appeal against the judgment and order dated 26.5.1979 passed by Vth Addl. Sessions Judge, Azamgarh in S.T. No. 227 of 1977 whereby four respondents were acquitted of the charges under Sections, 302/34, 307, 302, 201, IPC. The charge against respondents Rajendra and Ram Badan Yadav was that on 11.2.1977 at about 4.30 P.M. they, in furtherance of the common intention of all, committed the murder of Vijai Pratap Singh alias Munna Singh punishable under Section 302 IPC. The respondents Prabhunath Yadav and Dhiraj Yadav were charged under Section 302/34 IPC. All the four respondents were further charged under Section 307 IPC. For having tried to commit the murder of Jai Ram Singh, P.W. 3 who, however, had not received any injury. The last charge against the respondents was under Section 201 IPC. for having severed the head of Vijai Pratap Singh, carried it away and concealed it by placing the same in a pit dug by them.
(2.) DURING the trial the prosecution examined three eye -witnesses, namely, P.W. 1, Chandra Bali Singh, P.W. 3, Jai Ram Singh and P.W. 4 Brijnath. P.W. 2 is Dr. Ghanshyam Chaturvedi who had preformed the post -mortem examination on the dead body of Vijai Pratap Singh as also on the severed head, both of which were sent to him, on 13.2.1977 at 10.30 hours in the morning. The trunk and the head when placed in juxtaposition, exactly coincided at cut edges. In his opinion the trunk and the head were of one and the same person. The beheading was done after the death. He found the two ante mortem gun shot wounds. The details of which are given below: - - "1. Gun shot wound 2 c.m. x 1.75 c.m. x chest and abdominal cavity deep over right side chest in mid axillary line 7th inter costal space direction of wound from right side to left and obliquely downwards fracturing and 7th rib below and lacerating the tissues under. Right lower lobe of lung and right lobs of liver lacerated 4 c.m. x 3 c.m. x 2.5 c.m. Diaphragm right side lacerated 3 c.m. x 2.5 c.m. Right lung lower lobs 2 c.m. x 2 c.m. x through and through right chest cavity and abdominal cavity contains liquid 2 pints of blood. The edges are burnt in vertical (wound of entry) empty M. round. 2. Gun shot wound 2 c.m. x 2 c.m. x muscled over left side chin mid axillary in 5th interestal space big 3 metalic shots and wading material ledged in 5th internal space muscle, edges and burnt (wound of entry) edges in vertical. On internal examination he found that the stomach was empty. In the large intestines faecal matter and gas was present. In his opinion the death was caused due to synocope that is due to shock and haemorrhage caused by ante mortem injuries.
(3.) IT was probable that the death was caused on 11.2.1977 at 4.30 P.M. Two gun shot injuries were caused from two different shots from close range. The head was covered from the trunk by cutting with some heavy weapon like, a Dab.;