M.Chaudhary, J. - (1.) Since criminal appeal No. 2729 of 1981 Ashok v. State of U.P. Government Appeal No. 917 of 1982 State of U.P. v. Ashok and Ors. have arisen out of one and the same judgment and order dated 21st of November 1981 passed by Sessions Judge Jalaun at Orai in Sessions Trial No. 145 of 1981 State v. Ashok and Ors. acquitting accused Ashok under Section 302 IPC and convicting him under Section 326 IPC and sentencing to seven years rigorous imprisonment thereunder and acquitting accused Shanker. Mahesh and Kallu alias Jitendra under Section 302 read with Section 34 IPC. both the appeals have been heard together and are being disposed of by common judgment.
(2.) Brief facts giving rise to these appeals are that at about 1230 noon on 8th of April 1981 Kali Charan and his son Murat Singh were going from their house to the market, that Kali Charan was going a few paces ahead and as he reached in iron! of the Telies' Temple in the locality of Gandhi Nagar. Ashok alongwith one Shanker. Mahesh and Kallu alias Jitendra met him and immediately sighting Murat Singh, Kallu alias Jidendra shouted that be should be killed. Then Mahesh caught hold of Murat Singh, and Ashok, Shanker and Mahesh gave him knife blows with their respective knives and on hearing the hue and cry. raised by him and Mural Singh one Uma Charan Ram Prakash Yadav, Anjani Kumar and few others rushed to the scene of occurrence and sighting them the assailants took to their heels. Immediately injured Murat Singh wass rushed 10 the Civil Hospital Konch in a rickshaw by one Virendra who reached the spot just after the ocurrence, Kali Charan father of the injured also went to the Hospital following him. Injured, Murat Singh was medically examined by Dr V.K. Verma, Superintendent; Govenment Mule Hospital, Konch at about 12:50 the same noon. His medical examination revealed below noted injuries on his person: 1. Incised wound 1" x 2/10'' x bone deep on the left arm front placed transversely 5" beelow left shoulder top. 2. Incised wound 3/4 x 2/10" x bone deep on the left arm inner side 1 1/2" below the arm pit placed transversely.' 3. Incised wound 1" x 2/10" x depth not probed on the outer side of chest (left side) 3" below the arm pit placed obliquely. 4. Incised wound 1 1/2" x 4/10" x depth not probed on the right side of back ( outer lumbar region) placed obliquely. 5. Linear abrasion 3/4" x l/10" left wrist dorusum placed obliquely. 6. Linear abrasion 1" x 1/10" on the left side of abdomen 2 1/2" above umbilicus at 1 O'clock position.
(3.) The doctor opined that all the injuries were clean cut having sharp margins with tapering ends caused by sharp object and fresh in duration. It appears that the patient was admitted in the Hospital. After leaving his injured son Murat Singh in the Hospital Kali Charm weal to the police station situate at a distance, of some four furlongs from the place of occurrence banded over written report of the incident to the police there. On the basis of the written report handed over by Kali Charan at the police station HM Bhosla Prasad registered a crime against the accused wilder sections 307, 324 and 504 IPC and made entry regarding registration of the crime in the general diary (Exts. Ka 6 & Ka7). Investigation of the crime was entrusted to SI iZubair Ahmad.;