Imtiyaz Murtaza, J. - (1.) This appeal is filed against the judgment and order dated 11.8.1981 passed by IVth Additional Sessions Judge, Pilibhit in S.T. . No. 249 of 1980 whereby the appellants are convicted under Sections 302/34 I.P.C. and sentenced to imprisonment for life. Appellants Sewa Ram and Ram Prasad are further convicted under Section 323/34 I.P.C. and sentenced to undergo R.I. for six months and a fine of Rs. 500/- and in default of payment of fine further R.I. for one month.
(2.) The appellant no. 2, Ram Prasad has died during the pendency of this appeal in the month of May, 1984 and his appeal has already been abated by this Court on 16.12.2003.
(3.) Brief facts, mentioned in the first information report lodged by Shaukat Ali, are that he was in the service of Jagannath prasad, a relative of Smt. Genda Devi, deceased. There was litigation going on between Smt. Genda Devi and Smt. Savitri Devi, her stepdaughter, who was resident of village Nauganiya. It is alleged that on 22.8.1980 informant Shaukat Ali alongwith Smt. Genda Devi and Jagannath had gone to tehsil Beesalpur and they were returning from there at about 4.00 O'clock. When they reached near the sugar cane field of Babu Jee, Smt. Genda Devi was going ahead of them, Jagannath was behind her and he was behind Jagannath. At about 6.00 O'clock Rari Prasad, Sewa Ram and Parmeshwari armed with Lathis and Sundar Lal carried Kanta came out from the sugar cane crop and started assaulting Smt. Genda Devi. Alarm was raised by the informant and Jagannath. He was also assaulted by Ram Prasad and Sewa Ram by Lathis. After the occurrence, he informed the residents of village Chandpura. The Chowkidar, Pradhan and other people of the village reached at the place of occurrence. Due to night he could net come to the police station to lodge the F.I.R. and he remained sit? there whole night, looking after the dead body. He lodged the report at the P.S. Beesalpur on 23.8.80 at 7.20 A.M. The distance of the police station from the place of occurrence is 4 miles. After the registration of the case Ram Lakhan Singh, S.H.O., started investigation. He reached at the place of occurrence alongwith S.I. Sahibdin and prepared the inquest report (Ext. Ka 8) of the dead body of Smt. Genda Devi. He also prepared relevant papers like photo lash, challan lash and letter for the post-mortem etc. (Exts. Ka. 9 to Ka. 13). The investigating officer also prepared site plan (Ext.Ka. 5). Post-mortem on the dead body of Smt. Genda Devi was conducted by Dr. D.P. Agarwal and he noted the following ante-mortem injuries : 1. Incised wound 14.0 x 4.0 x 5.0 cms. deep on the (L) side cutting through lower one third of (L) ear extending up to 2.0 cm lateral to outer angle of (L) eye to back of (left) side of neck the under lined maxilla bone...(paper torn) clean Cut and great vessels of neck viz carotids and jugulars are clean cut in the wound. 2. Incised wound 7.G x 2.0 cm x bone deep on the top head, The 5.0 cm length of wound on (L) side of head and 2.0 cms length on the right side. The under lined bone is clean cut. The membranes and both parietal lobes of brain are clean cut underneath the injury. 3. Lacerated wound 4.0 cm x 2.0 cm x bone deep on the (L) side of head 1.0 cm behind injury No. (2). 4. Lacerated wound 4.5 x 1.0 cm x bone deep on the (L) side of head. 10 cms lateral to outer and lateral limits of injury no. (3). 5. Lacerated wound 5.0 x 1.0 cms on the back of head. The wounds are bone deep with fracture of bone underneath. 6. Incised wound 3.0 x 0.5 cm x muscle deep on the back of (L) shoulder joint, 7. Lacerated wound 3.0 x 0.5 cm x bone deep with missing terminal phalynx of left ring finger on the middle phalanx, the middle phalynx is fractured.;