- (1.) G. P. Mathur, J. Chatur Singh has filed this appeal against the judgement and order dated 8-11-1979 of Sessions Judge Etowah in S. T. No. A-170 of 1979 convicting him under Section 302 I. P. C. on two counts and sentencing him to imprisonment for life under each count.
(2.) THE case of the prosecution as set forth in the FIR is that the appellant Chatur Singh and the deceased Nawab Singh were real brothers. THE other deceased Smt. Kalawati was the wife of Nawab Singh. Chatur Singh retired from Army about a year before the incident and he came back to his village Parole Gadhia, P. S. Season Nawab Singh had married about 13 years back after paying money. Chatur Singh also married after paying money about 8 months prior to the incident. Both the brother lived together but there used to be frequent fight between their wives. A few months before the incident, appellant Chatur Singh separated from his brother. THEre was a fight between ladies on 1-3-1979 in which complain ant Sarju Prasad, who was the Pradhan of the Village, mediated. THE very next day i. e. 2-3-1979 two ladies fought again which aggravated and the brothers also started fighting. On receiving information Sarju Prasad went to their place. As soon as he reached he saw Chatur Singh assaulting Nawab Singh with a 'kulhari' who fell down dead. Smt. Kalawati then reprimanded him but he gave a blow by 'kulhari' to her as well. She also I dropped down dead. Hearing the alarm, some witnesses came on the spot, In the presence of these people, Chatur Singh admitted his guilt and volun tarily wrote a report addressed to the Station Officer of the Police Station. This incident took place at about 6. '15 p. m. THEreafter Sarju Prasad him self scribed a report of the incident and lodged the same at 10 miles distant P. S. Sehson at 10 p. m. on 2-3-1979. THE report which was written by Chatur Singh was also taken by the complainant and was delivered there though Chatur Singh did not go to the Police Station. At the time when the FIR of the incident was lodged PW 8 O. P. Dixit Station Officer was not present as he had gone in connection with investigation of a case. After he returned, he met Sarju Prasad aforesaid and shortly thereafter proceeded for the place of occurrence where he reach ed at 3. 15 a. m. on 3-3-1979 (night of 2/3-3-1979 ). He inspected the site, took in his possession plain and blood stained Kulhari (weapon of assault), a lathi and Kat Phawri (a wooden blade with handle, used for collecting cow dung ). He also held inquest on the body of the deceased and despatched the same for post mortem examination. The accused was arrested and the statement of some witnesses was also recorded under Section 161 Cr. P. C. After completing investigation, charge sheet was submitted against the appellant Chatur Singh. The learned Magistrate committed the case to the Court of Sessions for trial. The learned Sessions Judge framed two separate charges under Section 302, I. P. C. against the accused for having committed murder of Nawab Singh and Smt. Kalawati. The accused denied the case of the prosecution and claimed to be tried. The prosecution in support of its case examined a witnesses and the accused examined one defence witness. The learned Sessions Judge believed the prosecution version of the incident and convicted and sentenced appellant Chatur Singh as stated earlier. Before considering the ocular testimony, it will be convenient to first refer to the medical evidence on record. PW 4 Dr. D. K. Saxena, Medical Officer, T. B. Hospital, Etawah conducted post mortem examina tion on the body of Nawab Singh at 4. 45 p. m. on 5-3-1979 and the report of post mortem examination is Ex. ka-10 on the record. He found the following ante mortem injuries on his body. (1) Tringular incised wound 3 cm X 1 cm X bone deep on the back of head 14 cm. from right ear, direction vertical, tailing not defined, margin smoothly lacerated but clean cut. (2) Incised wound oblique 3 cm. X 1 cm X cartridge deep on the right side of face, pinna of right ear cut along with skin and underlying cartridge 14 cm. from injury No. 1. (3) Incised wound 2 1/2 cm. X 1/2 cm. X muscle deep on the left forehead just above left eye brow, obliquely vertical with trau matic swelling on eye lids. Eye congested. (4) Punctured lacerated wound 1/2 X 1/2 cm. X muscle deep on left side of forehead, 3 cm. above injury No. 3. (5) Incised wound 2 cm. X 1/2 cm. X muscle deep vertical on the front palm base inner side left hand tailing present, signs of bleeding. The internal examination showed occipital bone fractured at suture. Membranes and brain congested clot present under meniges on back at the site of injury. In the opinion of Doctor death had occurred due to shock and haemorrhage as well as injury sustained. The Doctor further opined that all the injuries could have been caused by Kulhari (material Ex, 1) and death could have occurred at about 6. 45 p. m. on 2-3-J979,
(3.) THE same Doctor performed to the post mortem examination on the body of Smt. Kalawati at 5. 10 p. m. on 5-3-1979 and copy of post mortem report is Ex. ka-9 on the record. THE following ante mortem injuries were found on her body: (1) Lacerated wound 4 cm. X 2 cm. X bone deep on the top of the head 9 cm. above nasal bridge, irregularly split obliquely vertical, smashed with blood. (2) Ecchymosed with traumatic swelling all round the left eye lids conjunctive congested. THE internal examination showed frontal bone fractured under the site of injury No. 1, brain and membranes congested. In the opinion of the Doctor, death had occurred due to shock and haemorrhage as well as head injury. He further opined that the injuries could be caused by Kulhari (material Ex. 1) and death could have occurred at about 6. 45 p. m. on 2-3-1979. Pw 1 Sarju Prasad is an eye witness and first informant of the case. He has stated that he is Pradhan of the village for the last six years. Chatur Singh having retired from Army had come back to village about a year before the incident. Nawab Singh had married 12-13 years back purchasing a woman and similarly Chatur Singh had married about 10 months before by purchasing a woman. Both the brothers lived together and their cultivation was joint. On account of frequent fights between ladies differences arose between brothers and therefore they started living separately in the same house. Even after separation, the ladies continued to fight and he (Sarju Prasad) in his capacity as Pradhan used to be called to mediate in the matter. At about 6. 45 p. m. on the date of the incident, he was informed that the accused Chatur Singh and Nawab Singh were fighting. As soon as he reached he saw Chatur Singh assaulting Nawab Singh with a Kulbari. Nawab Singh fell down on which his wife Smt. Kalawati rushed with a 'kut Phawri' and giving abuses. Chatur Singh gave one kulhari blow to her as well as a result of which she also fell down dead. A day before the incident, the deceased Nawab Singh had assaulted the wife of accused Chatur Singh. Meanwhile some persons of the village arrived on the scene. All of them then said that a report about the incident should be lodged, on which Chatur Singh wrote down a report of the incident on the spot and in presence of every one. The said report was also signed by the persons present there. Thereafter the complainant Sarju Prasad also wrote a report of the incident and carried the same to the Police Station which is Ex. ka-2 on the record. He also delivered the report written by Chatur Singh, which is Ex. ka-1, to the Head Constable at the Police Station where he reached at 10 p. m. The Head Constable prepared the chief report on the basis of report written by Sarju Prasad. The Station Officer was riot present at that time. When he reached there, he told the complainant to go back and he came to the village at about 4. 15a. m. In his cross examination, he has stated that the accused was a Thakur by caste while he was a Brahmin. There were houses of Thakurs Pin the immediate vicinity of the house of Chatur Singh. The Thakurs living in the neighbouring houses had not come to the spot as it was a harvesting season and they were in their fields. Chaukidar of the village came to the spot after about half an hour. Sri Krishan, Nawab Smeh, Durga and many others of the village came to the scene after sometime; and thereafter Chatur Singh wrote the report Ex. ka-1. At the time of the writing of the report, Chaukidar was not present. At the time when the assault was made, the sun was setting. Chatur Singh had himself written report Ex-ka-1 and nobody had dictated the same. He had written F. I. R. of the incident Ex. ka-2 at his own house. When the Station Officer came, the accused was present on the spot. Subsequently the police men arrested Chatur Singh. The daughter of Nawab Singh is a married lady and she was alive. He denied the defence suggestion that the accused Chatur Singh was not present in the house on the date of the incident and that some unknown people committed the murder in the night. He also denied the defence suggestion that after the Station Officer had come on the spot he dictated the report Ex. 1 to Chatur Singh who wrote it down or the F. I. R. Ex. ka-2 to him (Sarju Prasad ).;