I. P. Singh, J. - (1.) BHURA Singh and his father Buddi Singh convict appellants have preferred this appeal against the judgment and order of Sri Chandra Mohan, Sessions Judge Banda dated 11-7-77 passed in S.T. no. 196 A of 1976 convicting and sentencing each one of the appellants under Section 302/34 IPC to imprisonment for life.
(2.) BUDDI Singh appellant, Bharose deceased and Mangali were real brothers. Bhura appellant is son of BUDDI appellant. Smt.Sunderwati is wife of Bhura appellant. Mangali has five sons, namely Jokha, Bahora alias Pattidar, Lalloo, Madhuraja and Dule Singh. Smt.Bhoori is the wife of Dule Singh. On 26-4-75 one hour before sun set in village Semri, Bharose deceased returned to his house after grazing goats. He found Smt.Sunderwati and Smt.Bhoori quarrelling with each other. He checked them by restoring as to why they always fought with each other. The two appellants happened to be sitting at their Chabutra nearby. They taunted the deceased Bharose that he was the real cause of dispute (Ladai ka Jar). At this there was an exchange of hot words and abuses between the deceased on one hand and two appellants on the other. BUDDI Singh appellant was armed with lathi, Bhura appellant carried spear. In the scuffle that followed the two appellants gave blows with their respective weapons to Bharose deceased who fell down injured. Smt.Bhoori PW 1 advanced to save the deceased but Smt.Sunderwati (wife of Bhura appellant) non appellant gave lathi blow on the hand of Smt.Bhoori. An alarm raised by Smt. Bhoori attracted Bahora PW 2 and Nathu PW 3 to the spot. On the intervention of incoming witnesses the appellants went away to their house. An oral first information report of this incident was lodged by Smt. Bhoori the same night at 8.30 at Police Station Tindwari (Banda) 5 miles away. Bharose injured (since deceased) was medically examined by Dr. D. S. Srivastava PW 4 Medical Officer P. H. C. Tindwari (Banda) on 26-9-75 at 9.45 p. m. he found the following injuries on his person : 1. Lacerated wound 2 cm x .5 cm x bone deep on left side of head, 16 cm above root of left ear. 2. Lacerated wound 2 cm x 04 cm x 03 cm, 1.5 cm outer to the left eye brow. 3. Abrasion .17 cm x .15 cm on the left side of face 1.15 cm below lower lid of left eye. 4. Abraded contusion 1 cm x 1 cm .1 cm outer to the right eye brow. 5. Penetrating wound 1 cm x .8 cm x 1.5 cm (Only 1.15 cm depth could be reached on probing) on right side of chest, 9 cm below the acromion process of scapula. 6. Lacerated wound 3.15 cm x 1 cm x .13 cm on the front of left thumb, 1 cm below its root. 7. Red contusion 6 cm x 2 cm on the mid line of back, just on the spine of 11th thoracic vertebrae. 8. Abrasion 7 cm x . 12 cm, on the right side of back just on the level of inferior angle of scapula.
(3.) ALL the injuries were simple except no. 5 which was caused by sharp pointed weapon. The other were caused by blunt object. The injuries were found half day old. The same Doctor examined Smt. Bhoori the same day at 10 p. m. and found one red contusion with swelling 8 cm x 6 cm on the outer side of right fore arm 5 cm below the elbow joint. The injury was simple and was caused by some blunt weapon. It was found half day old.;