Imtiyaz Murtaza , J. - (1.) The present appeal has been filed against the judgment and order dated 22.3.1982 passed by Sessions Judge, Banda in Session Trial No. 326 of 1981 convicting the appellants the appellants Dirpali and Gariba under Section 302 I.P.C. and sentenced to under go imprisonment for life.
(2.) The brief facts of the case, mentioned in the F.I.R. lodged by Babuwa are tat about one year ago his cousin Sunder was murdered. He along with Chunkauna and Mudwa were made accused. The case is pending in the court. It is stated that on 4.9.1981 he, his brother Kishan Pal, sister-in-law Ram Dulari and father Mudwa were working in the field and after completing the work they were returning home via Ghosar minor. His father was ahead of them. At about 6.00 P.M. his father reached near the field of Mahabir, Dirpali armed with Barchhi came and exhorted to kill him. His father ran and entered in the field of Mahabir and all the three appellants committed his murder. They raised an alarm. They were also threatened. Thereafter the accused persons ran away towards the eastern side. The dead body was lying in the field of Mahabir. He lodged the report on 4.9.1981 at 8.30 P.M. His uncle Jhuriya and Chukidar were present near the dead body. The distance of the police station is only 8 kms.
(3.) After registration of the case S.I. Khem Karan started investigation. He recorded the statement of the complainant at the police station. Thereafter he reached at the place of occurrence at 10.00 P.M. He could not prepare the inquest report due to paucity of light. He recorded the statement of Ram Dulari and Kishan Pal. He prepared inquest memo on 5.9.1981 (Ext. Ka-11). He prepared the memo of photo lash (Ext. Ka-12), Chalan lash (Ext. Ka-13), letters (Ext. Ka-14 to Ka-16). He dispatched the dead body for the post mortem through constable Ram Kumar and Pyare Lal. He prepared the recovery memo of the cloths of the deceased (Ext. 1, 2 and 3). He also take blood stained earth and plain earth and prepared its recovery memo (Ext. Ka-10). He also prepared site plan (Ext. Ka-19). After conclusion of the investigation he submitted charge sheet (Ext. Ka-20). The post mortem of the deceased was conducted by Dr. D.S. Rana (Ext. Ka-2). He noted the following ante mortem injuries: 1. Lacerated wound on the left side of skull 1.5 cm x 1 cm x bone deep situated 4 cm above left ear. 2. Lacerated wound on the left side of skull 5 cm x 1 cm x bone deep situated 7 cm above and behind left ear. 3. Lacerated wound on the left side of skull 1.5 cm x 1 cm x bone deep situated 2 cm behind injury No. 2.;