Surendra Vikram Singh Rathore, J. - (1.) THE aforementioned two criminal appeals i.e. [Criminal Appeal No. 105 of 2012 -Banwari v. State of U.P.] and [Criminal Appeal No. 106 of 2012 -Rakesh v. State of U.P.] arise out of same judgment, hence the same are being disposed of together.
(2.) CRIMINAL Appeal No. 105 of 2012 has been preferred by the appellant Banwari and Criminal Appeal No. 106 of 2012 has been preferred by the appellant Rakesh against the judgment dated 09.11.2011 and order dated 10.11.2011 passed by Temporary Additional Sessions Judge, Court No. 2, Kheri in Sessions Trial No. 440 of 1999 arising out of Case Crime No. 220 of 1999, Police Station Mohammadi, District Lakhimpur Kheri whereby both the appellants were convicted for the offence under Section 302/34 IPC and were sentenced with imprisonment for life and also with fine of Rs. 2000/ - each with default stipulation of two years additional imprisonment. They were further convicted for the offence under Section 325/34 IPC and were sentenced with simple imprisonment for a period of two years and also with fine of Rs. 500/ - each, with default stipulation of six months additional imprisonment. However, both the appellants were acquitted of the charge under Section 323/34 IPC. According to the version of the FIR, on 14.06.1999 at about 5.00 p.m. the complainant Harish Chandra lodged an FIR at Police Station Mohammadi, District Kheri alleging therein that a dispute regarding the Gram Samaj land with his cousin Banwari (appellant) was continuing for the last several days. Because of the said dispute, on 14.06.1999 at about 2.30 p.m. Banwari and his son Rakesh, armed with lathi and danda came to the house of Ram Lal, (father of the complainant) and started abusing him. When Ram Lal asked them not to abuse him then both of them started giving blows with their lathis due to which he fell down. Smt. Jhabboo (wife of Ram Lal) came for his rescue then she was also given blows of lathis. The complainant was not present at his house. After getting the information of such incident he came back to his house, her mother narrated the entire story to him and thereafter he alongwith his injured father and mother went to police station and lodged the report.
(3.) INITIALLY the case was registered under Section 308/323 IPC. While Ram Lal was being taken to hospital, he succumbed to the injuries and was declared dead by the doctor. Accordingly, the case was converted under Section 304 IPC. Inquest proceedings were conducted and after completing the formalities the dead body was sent for postmortem which was conducted on 15.06.1999 at 4.40 p.m. Following ante -mortem injuries were found on the body of the deceased. "(a) Contusion 12 cm x 10 cm on right side of head just above right ear underlying right parietal and right temporal bones were fractured and clotted blood was present. (b) Contusion 6 cm x 5 cm on left side of head above left ear on dissection underlying left temporal and parietal bones were fractured and clotted blood was present over surface of membrane. (c) Contusion 3 cm x 2 cm on right elbow back. (d) Lacerated wound 2 cm x 1 cm muscle deep on right leg, 15 cm below right knee." In the opinion of the doctor the cause of death was Comma as a result of ante -mortem head injury.;