A. S.Srivastava, J. - (1.) JOKHU, Bechu and Bikrama appellants have filed this appeal against the judgment and order dated 14-11-1977 of the III Additional Sessions Judge, Mirzapur, convicting and sentencing each of them to imprisonment for life under Section . IPC, to four years' R. I. under Section 307/34 IPO and to one month's R. I. under Section 323/34 IPC. All the sentences are to run concurrently.
(2.) THE appellants belong to the same family. Jokhu and Bechu are real brothers. Bikrama is their cousin. THEy are residents of village Kani Chaukia, P. S. Pandari, district Mirzapur. Prithvinath deceased is also a member of the same family. On 22-5-1975 at about mid-day the wife of Jokhu appellant threw some baby-excreta over a heap of cow-dung cakes of Ram Khelawan for which she was remonstrated by the wife of the deceased. This led to a quarrel between the ladies. The appellants were not present at the house. They had gone to attend a Barat. Prithvinath deceased, however, happened to reach there and tried to intervene The case of the prosecution is that when the deceased tried to intervene, the wife of Jokhu pressed his testicles and the quarrel came to an end when other ladies of the house intervened. In the evening at about 6.30 p. m. when the three appellants returned, their ladies informed them about the quarrel. The three appellants then went to the deceased who was then sitting infront of his door and told him that since he had indulged in a quarrel with their ladies in their absence, they were going to permanently finish that quarrel.Saying this, they entered their house and emerged with weapons in their hands. Jokhu and Bechu had spears and Bikrama had a Gandasa. Jokhu first gave a spear blow to the deceased. When the deceased tried to run away for safety, he was hit with the Gandasa by Bikrama. Bikrama and Bechu again hit him with their weapons. Ram Khelawan PW 2, his wife Smt.Kalui and his son Babulli PW 6 had also reached there and when they tried to protect him, they were also injured.
(3.) A report of this incident was lodged at P. S. Pandari on the same evening at 9.30 p. m. by Kedar PW 1, brother of the deceased The post-mortem examination on the dead body of Prithvinath was conducted on 23-5-1975 at 5.30 p. m. by Dr. P. C Kannauija PW 7 who had found the following ante-mortem injuries on his body :- " 1. One incised wound 4 cm x 0.2 cm x bone deep on the middle of the scalp, 12 cm from the bridge of the nose. 2. One punctured wound 2 cm x 1 cm on the chest cavity deep, directed downward and outward on the left side of the chest wall, 6.5 cm medial to the left nipple. 3. One punctured wound 2 Cm x 1 cm x 4 cm deep on the outer aspect of forearm, 4 cm below elbow joint. 4. One incised wound 2 cm x 0.5 cm x tissue deep on the front of the lower part of left arm, 2 cm above the elbow. 5. One linear abrasion 10 cm in length on the left side chest extending from middle on the chest 1 cm short of injury no. 2 " Death, according to the doctor, was due to shock and haemorrhage as a result of ante-mortem injuries. 7. The injuries of Ram Khelawan PW 2, Babulli PW 6 and Smt.Kului were examined on 23-5-1975 by Dr. V. P. Gupta PW 5 at 6.55 a. m., 6 45 a. m. and 6.30 p. m. respectively. The following injuries were found on them :- Ram Khelawan :-1. Incised wound 6 cm x 1 cm x bone deep on the left side skull 3 1/2 cm above the left eye brow. 2. Contusion 10 cm x 2 1/2 cm on the left shoulder joint. 3. Abraded contusion 8 cm x 5 cm on the top of the right shoulder joint. 4. Contusion 5 cm x 4 cm on the right side chest, 14 cm below the right nipple. 5. Contusion 10 cm x 2 1/2 cm on the left side back, 9 cm below the inferior angle of the left scapula. 6. Traumatic swelling 5 cm x 4 cm on the left buttock ;