I. P. Singh, J. - (1.) RAM Bahadur Singh, Babban Singh, Sarwan Singh and Prem Singh convicts-appellants have preferred this appeal against the judgment and order of Sri Ved Prakash Kalra, Vth Additional Sessions Judge, Deoria, dated 8-9-1977, passed in SIT. No. 16/77 convicting each one of the four appellants under section 302/34 IPC to life imprisonment and under section . IPC to one year RI. Both the sentences are ordered to run concurrently.
(2.) THE prosecution case is that Dwarika deceased and the appellants were residents of village Bhaisantola Dumari, within Police Station Kasia, district Deoria. THE plot of Babban Singh appellant was situated near the house of Dwarika deceased on the outskirts of the village Abadi. During the consolidation proceedings in the village the said plot of Babban Singh appellant was allotted to Oram Sabha for the purpose of road, Abadi, Khalihan etc. When Babban Singh appellant learnt about it, he constructed a Madhaiya and Nad on the said plot. Dwarika deceased moved an application in the court of Assistant Consolidation Officer for 'removal of the said Madaiya and Nad. On the other band, Babban Singh appellant moved an application to leave the said land as such under his occupation and exclude the same from the consolidation operation. THE Assistant Consolidation officer recommended to the Consolidation officer for declaring the said land as Abadi land. In the said litiigation Dwarika deceased was doing pairvi on behalf of the village people and his action was resented to by Babban Singh appellant. The four appellants are related to each other. Ram Bahadur Singh appellant is the 'Sala' of the brother of Babban Singh appellant. Babban Singh appellant is nephew of Sarwan Singh appellant. Prem Singh appellant is the son of Sarwan Singh appellant. On 21-11-1976, Dwarika deceased after having taken his meals was sleeping on a cot in the Verand (Osara) of his house, opening towards north. His minor son aged 4-5 years named Vijai was sleeping with him on the same cot. His other son Surendra Singh PW 6 and Sharda PW 2, the brother of the deceased Dwarika, were sleeping in the said Osara. One Vakil Singh the relation of the family was sleeping in the Kothari in the east of the said Osara. A lamp was left lighted in the Osara, placed in the tak or Ghajja. At about 9 p.m. Sharda complainant PW 2 was awakened by the sound of the: movement of some persons outside the Osara. He had also seen some torch light being flashed. He got up and called his nephew Surendra Singh PW 6, who also was awakened. Just then the four appellants approached them hurling abuses on Dwarika deceased. They were also shouting that Dwarika was harrasing them and he should be done away with. Babban Singh appellant pulled up the quilt of Dwarika and pointed out to his companions that he was sleeping there. Babban Singh is said to have picked up the minor boy Vijai from the cot of Dwarika and taken him out side the Osara and made him sit on the Nad. The other three appellants took out Hathgolas (Bombs) and threw them on Dwarika when he was still sleeping on the cot. He was badly injured. Then Babban Singh appellant shouted that he was not dead and they should throw more bombs on him. It was followed by a second attack of bombs by the said three appellants, which finished Dwarika. In the process, Sharda PW 2 and Surendra Singh PW 6, who were present inside the Osara also received injuries. The alarm raised and the explosion sound of the bombs attracted Munshi Singh and Banshu Singh PW 7 to the spot, who reached there with their torches. It is said that all the witnesses were able to see and recognise the appellants throwing the bombs on the deceased and thereafter running away.
(3.) FIR of the incident was lodged by Sharda PW 2 at P. S. Kasia, 6 kms. away, the same night at 00.05 hours (22-11-1976), approximately three hours after the incident. The post mortem examination on the dead body of Dwarika was conducted by Dr. J. P. Sharma PW 1 on 22-1.1-1976 at 3 p.m. The probable time since death was about 3/4 days. The duration fits in with the alleged hour of the occurrence. The external examination revealed the following ante-mortem injuries on his persons: :- (1) Mutilating wound covering the entire legs palm and dorsem and proximal parts of fingers and thumb with extensive Iaceratum of soft tissues and multiple fractures of metacorpals and proximal digits of finger with scorching of surrounding with 1-1/2" wide all around. (2) Lacerated wound 2" x 1 1/2" x chest cavity deep on left side chest 2" medial to left nipple with scorchiing and tattooing of skin of chest front of neck 14" x 12" area with multiple abrasions. (3) Lacerated wound 1/2" x 1/4" x 1/4" left side lower part of jaw (Lower). (4) Lacerated wound 1/2" x 1/2" x skin on the chin. (5) Multiple abrasions on right side and forearm front and medial side 12" x 4". (6) Multiple abrasions on 6" x 5" on left thigh front. (7) Multiple abrasions in an area of 5" x 4" front of right thigh.;