Imtiyaz Murtaza, J. - (1.) Present appeal has been filed against the judgment and order dated 8.2.1982 passed by Sessions Judge, Fatehpur in S.T. No. 558 of 1980 whereby the appellants have been convicted under Section 302/34 I.P.C. and 324/34 I.P.C. and sentenced to undergo imprisonment for life and three years R.I. respectively. Both the sentences were ordered to run concurrently.
(2.) Brief facts as mentioned in the F.I.R. lodged by Balbir Yadava are that on 28.12.1978 he went to his field to the east of siphon in his village for harvesting karvi. It was the turn of Jagmohan for taking water from the Tube Well but Badloo was forcibly taking water from Tube Well. Jagmohan, Ram Narain and his mother Rukmani reached at the siphon and they diverted the water to irrigate their field. Jagmohan and Ram Narain sat their and Rukmani went to the field for irrigating. After about one and half hours Ram Singh armed with Pharsa Badloo and Ram Swaroop armed with Lathi came there, threatening Jagmohan and Ram Narain, and started assaulting them. On his cries he and Rukmani, Shiv Ram, Rama Shanker Pandit witnessed the occurrence. They challenged and ran to save Jagmohan and Ram Narain. Thereupon the three accused ran away towards village after causing serious injuries of Lathi and Pharsa to Jagmohan and Ram Narain. As a result of which Jagmohan died on the spot. Ram Narain received injuries on his hand and head. It is further mentioned that there was altercation between Badloo and Jagmohan about five days back with regard to construction of a house by Badloo encroaching on the main pathway of the village. The report was lodged by Balbir Yadav at the police station Chandpur at 5 p.m. on 28.12.1978. After registration of the report S.O. Ram Kumar Verma started investigation. He recorded the statement of Ram Ratan and reached the dispensary Amauli and recorded the statement of Ram Narain. Thereafter he reached at the place of occurrence at 9.45 p.m. He prepared the inquest report of the dead body next morning (Ext. Ka-6). He prepared Naksha lash and challan lash and prepared relevant papers for the post mortem examination (Ext Ka-7 to Ka-9). He prepared the recovery memo of blood stained lungi, Angochha, Sadari, Baniyan and a pair of shoes (Ext Ka-1 to Ka-5) and sickle lying nearby and prepared its recovery memo (Ext Ka-10). The dead body was handed over to constable Rajaram and Head Constable Rameshwar for escorting the dead body to mortuary. Dr. Som Sharma, medical officer, District Hospital, Fatehpur conducted the post mortem examination on the dead body of Jagmohan on 30.12.1978 at 4 p.m. and he noted following ante mortem injuries on his person: 1. Lacerated wound 2 cm. x 1/2 cm. x muscle deep and the front and lower 1/3 of right leg. 2. Abrasion 2 cm. x 1 cm. on the middle of back on lumber region.
(3.) Abrasion 2 cm. x 1 cm. on the middle of back in thoracic region.;