Ranjana Pandya, J. - (1.) This appeal has been preferred against the judgment and order dated 12.7.1982, passed by 3rd Additional District and Sessions Judge, Barabanki, in Sessions Trial No. 234 of 1981, under Sec. 302 read with Sec. 34, I.P.C., Case Crime No. 310 of 1980, Police Station Ram Nagar, District Barabanki, whereby the accused Shiv Govind alias Surat, Ram Naresh and Ram Saran were convicted under Sec. 302 read with Sec. 34, I.P.C. and sentenced to life imprisonment. Prosecution case is that on 20.12.1980 the informant Mata Prasad submitted a written report before the S.O., Ram Nagar. Barabanki stating that he accompanied by his son Sumer Chand at about 8:00 a.m. on 20.12.1980 had gone to cultivate his fields. At about 2 O'clock in the afternoon both were coming back from the field. Sumer Chand was a few paces ahead from his father. As soon as Sumer Chand reached near the house of Bhagauti Barber, suddenly Shiv Govind alias Surat, Ram Naresh and Ram Saran belonging to the same village caught Sumer Chand and dragged him their door and started attacking him with banka and axe. The informant raised hue and cry at which the elder son of the informant namely Prem Chand, Hansh Raj Paras Ram and many other villagers ran to the spot. Shiv Govind and Ram Saran were armed with banka whereas Ram Naresh was armed with axe. The motive for the offence as stated in the first information report is that for some time Ram Naresh was plowing the field of the informant and Rs. 125 was labour charges, out of which Rs. 100 were paid one month before and Rs. 25 were due. Due to which Shiv Govind alias Surat and Sumer Chand has an altercation on which Badkau and Parasnath pacified the matter Shiv Govind alias Surat had threatened Sumer Chand. Sumer Chand was left injured who was taken to the doctor but he died on the way, hence, the written report was filed.
(2.) On the basis of written report, chick report was lodged at Case Crime No. 310 of 1980 by Constable Ram Mani Pandey P.W. 8 who proved it as Exhibit Ka -5. The same witness wrote G.D. No. 21 and proved it as Exhibit Ka -6. The first information report was registered in the absence of the Investigating Officer P.W. 9 Amresh Bahadur Singh, S.I. He was handed over the investigation on 20.12.1980. He reached the spot, by that time Head Moharir Usman Khan had conducted the inquest report and the body was being sent for post -mortem. He recorded the statement of Mata Prasad. Parsuram and the witnesses of the inquest, prepared the site plan proved it as Exhibit Ka -10. He collected the chopped fingers of the deceased Sumer Chand. Took it into the custody and proved it as Exhibits Ka -13 and 14. This witness also proved the inquest report as Exhibit Ka -12. He further collected the blood stained and ordinary earth from the place of occurrence and prepared memo and proved it as Exhibit Ka -15. He further prepared the site plan of the place from where the deceased was watering his fields and proved it as Exhibit Ka -16. He also inspected the spot from where Head Constable Chet Ram had arrested the accused Ram Naresh and Ram Saran and proved it as Exhibit Ka -18. After investigation, the Investigating Officer submitted charge -sheet against the accused and proved it as Exhibit Ka -19.
(3.) After inquest proceedings, the body was sent for post -mortem which was conducted by P.W. -6 Dr. Brij Mohan. The deceased was of ordinary build, rigor mortis was present in both the extremities. The doctor found the following anti -mortem injuries on the body of the deceased: "(i) Incised wound 4.0 X 0.8 cm. X bone deep obliquely and horizontally on the side (right) of head in the parietal region 10.0 cm. above right pinna. (ii) Incised wound 3.0 X 0.5 cm. X bone deep on the middle and centre of head obliquely and horizontally. (iii) Incised wound 2.5 X 0.5 cm. X muscle deep on the left side of front of head 7.0 cm. above left eyebrow. (iv) Incised wound 2.0 X 0.5 cm. X muscle deep on right side of face obliquely and horizontally 2.2 cm. below and 1.5 cm. in front of right pinna. (v) Punctured wound 4 cm. X 1.5 cm. X through and through on the right side of upper part of neck obliquely and horizontally 2 cm. behind and 2.5 below the lobule of right pinna. (vi) Incised wound 5.5 cm. X 2.0 cm. X bone cut deep on the right chin in an oblique and horizontal direction on the front of this wound was in continuation on its right side with a linear incised wound measuring 10.00 cm. X 0.1 cm. X skin deep on right side of neck obliquely and horizontally at the level of 2 cm. below Injury No. 5. (vii) Incised wound 3.0 X 0.5 cm. X muscle deep on the back and outer side of right wrist 2.0 cm. above wrist joint. (viii) Incised wound 6.0 X 2.0 cm. X bone cut deep on the back of right middle ring and little fingers with bone cut of the middle and distal phalanges of middle and little fingers respectively. There was also complete amputation of right ring finger from 1st interphalangeal joint. These wounds were situated on the back and outer sides of these fingers. (ix) Incised wound 3.0 X 0.5 cm. X muscle deep with an abrasion 2.5 X 0.3 cm. obliquely and longitudinally on front of left shoulder. (x) Incised wound 1 X 0.5 cm. X muscle deep on the inner side of right wrist 3 cm. above right wrist joint. (xi) Incised wound 1.2 X 0.5 cm. X muscle deep on inner side of right wrist 2.0 cm. above the wrist joint horizontally. (xii) Incised wound 4.0 X 0.5 cm. X bone cut deep on the back of left elbow joint horizontally. (xiii) Incised wound 3.0 X 1.0 cm. X muscle deep on the front of left leg at the junction of upper two -third and lower one -third in an oblique and longitudinal direction.";