- (1.) IMTIYAZ Murtaza, J. The above mentioned criminal appeal has been filed against the judgment and order dated 11-9-1981 passed by IV Additional Sessions Judge, Agra in Sessions Trial No. 454 of 1980 whereby the appellants have been convicted under Sections 302/34, 302 I. P. C. and sentenced to imprisonment for life. During the pendency of appeal, appellant Pooran is reported to be dead and his appeal stands abated by the order dated 25-8-2004.
(2.) CRIMINAL Revision has been filed by the complainant for enhancement of sentence. The brief facts of the case are that on 10-5-1980 Munna Lal alongwith his brother Amar Singh and father Lala Ram had gone to the slaughter house for slaughtering goats. They slaughtered their goats and Amar Singh, deceased had gone to the water pipe which was installed near the slaughter house to clean the meat. Data Ram and Pooran were also cleaning their meats. The informant was also removing the skin of goats 2-3 paces away from the water pipe. It is further stated that some altercation took place between Data Ram and Pooran on one hand and the deceased and Munna Lal on the other. They also threatened and left the place. It is further stated that Amar Singh, Munna Lal and Lala Ram went to their shop situated in mohalla Nagarchitola alongwith meat. Thereafter Amar Singh and Munnal Lal went towards their house in mohalla Rasoolpur on a bicycle. It is alleged that when they reached near the factory of Ismail accused Data Ram and Pooran met them who were coming from the eastern side. Pooran was armed with knife and they stopped them. Data Ram caught hold of the deceased and Pooran assaulted Amar Singh with a knife. Amar Singh died on the spot. The occurrence was witnessed by Ram Autar and Babbu. The accused persons ran away throwing the knife at the scene of occurrence. The report was lodged at the police station at 7. 00 a. m. by the informant Munna Lal. After registration of the F. I. R. , S. I. Deewan Singh started investigation of the case. He recorded the statement of Head Moharrir Gopal Prasad at the police station and reached at the scene of occurrence at about 7. 30 a. m. alongwith Sub-Inspector S. C. S. Tomar and three constables. He inspected the dead- body and prepared the inquest report (Ext. Ka-7 ). He prepared naksha lash, Chalan lash and other relevant papers (Ext. Ka-8 and Ka-9) and dispatched the dead-body through constables Ram Swaroop and Rakesh Kumar for post-mortem examination. He recorded the statement of informant Munna Lal, Ram Autar and Babbu. He also prepared site-plan (Ext. Ka-12) and recovered blood stained and plain earth and prepared its recovery memo (Exts. Ka-4 and Ka-5 ). He also recovered one Chhuri and Chappal from the place of occurrence and prepared its recovery memo (Ext. Ka-13) and after completion of investigation he submitted charge-sheet in the Court and the case was committed to the Court of Sessions.
(3.) DR. Raj Kishore Gupta, Medical Officer, S. N. M. Hospital, Firozabad conducted the post-mortem examination of the deceased, Amar Singh and noted the following ante-mortem injuries: (1) Incised wound 5 cm x 2 cm x chest cavity deep on the left side chest 7 cm below with medial to left nipple 2 cm from mid line. (2) Incised wound 1 cm x 1 cm x muscle deep on the left forearm in front & upper 1/3rd. According to the opinion of doctor the cause of death is shock and haemorrhage as a result of ante- mortem injuries.;