- (1.) V. D. Chaturvedi, J. This criminal appeal is directed against the judgment and order dated 6-2-1982 passed by Sri J. M. Srivastava, the then Special Judge, Lalitpur in Sessions Trial No. 46 of 1979 whereby he convicted the appellants Raghubir Singh, Jagdish, Ram Dayal, Lakhan Singh, Sunderbhan, Pragi Lal, Mohan, Jasua and Imrat under Sections 147,302/149,452 and 325/149 I. P. C. sentencing them to one year R. I. , life imprisonment, 3 years R. I. and 2 years R. I. respectively and convicted the appellants Hardas, Horal Singh, Deo Singh and Kashi alias Kasia under Sections 148,302/149, 452 and 325/149 I. P. C. sentencing them to 2 years R. I. , life imprisonment, three years R. I. and 2 years R. I. respectively. All the appellants were also fined to pay Rs. 100 for offence under Section 452 I. P. C. and Rs. 100 for offence under Section 325 I. P. C.
(2.) THE prosecution case as emerged from the F. I. R. (Ex. Ka-6) lodged by Sultan Singh son of Madhav Singh of village Kheradag, P. S. Bar, District Lalitpur at the police station Bar on 26-6-1978 at 20. 30 hours was that on the date of F. I. R. at about 11 a. m. appellants Raghubir Singh, Jagdish, Deo Singh, Lakhan, Horal, Hardas, Ram Dayal, Sundar Bhan, Pragi Lal, Mohan, Kashi, Jasua and Imrat armed with lathis, knives and guns entered the house of the complainant; that accused Raghubir picked up a Pati of a cot (bed post) and inflicted its blow on the head of Moti Singh (complainant's son) who consequently fell down; that accused Hardas firstly by his stick and thereafter by an axe (which was lying there) inflicted blows upon Moti Singh; that Horal inflicted knife blows and remaining accused inflicted Lathi blows on Moti Singh; that he (complainant) asked them not to thrash Moti Singh but in vain; that complainant's son Raja Saheb reached to rescue Moti Singh but they thrashed Raja Saheb also, hence he (Raja Saheb) fled away to save his life. He (complainant) raised hue and cry whereupon witnesses Laxman Singh, Savant Singh and Pyare Raja reached there; that thereafter the accused persons picked up Moti Singh and took him towards Sunpura; that witnesses followed them and brought Moti Singh back from Sunpura and kept him inside the house where he died after a short while. Explaining the delay, the complainant gave two reasons, firstly that he misconceived that Raja Saheb had gone to lodge the report and secondly that accused persons had besieged his village all around. Regarding the motive, he stated in the F. I. R. that one Mithila (daughter of the accused Hardas) had eloped few days back but accused persons suspected that Moti Singh had contributed in her elopement and that a litigation with accused Raghubir Singh and others was pending. Because of such background, they attacked upon his house with the intention to commit the murder of Moti Singh, Raja Saheb and his entire family. P. W. 7 R. K. Singh Chauhan, S. I. (I. O.) reached the spot, prepared the inquest report and other relevant papers and sent the corpse of Moti Singh for autopsy. P. W. 1 Dr. H. M. Srivastava conducted the autopsy on 28-6-1978 at 11. 40 a. m. and found the following 13 ante-mortem injuries on the deceased's corpse : (1)1. Punctured wound 2cm. x 1cm. x 4cm. on left lower part of arm, 4 cm above from left elbow outer aspect, clean cut edges almost parallel but slightly curved to each other. Direction side to side, clotted oozed blood present. (2) Contusion 10 cm x 4 cm on left arm in middle outer part, oblique, redish blue colour. (3) Contusion 6 cm x 4 cm with swelling on left knee cap underlying multiple fracture of pattela, lacerated. (4) Contusion 4cm x 4cm on front of left leg middle, redish blue. (5) Contusion 4 cm x 2 cm on right knee cap, redish blue colour. (6) Contusion 10cm x 6cm on front of right shoulder, redish blue in colour. (7) Punctured wound 3cm x 2 cm x 4. 5 cm on back of right forearm, 2 cm below from right elbow verticle, clean cut edged almost parallel but slightly curved to each other, clotted blood present. (8) Contusion 7cm x 5. 8 cm on left temporal region of head, 4cm in front and above to left ear, redish blue colour. (9) Contusion 6 cm x 4cm on front of left side back of skull, redish blue colour. (10) Contusion 6 cm x 4cm on front of left shoulder, redish blue colour. (11) Punctured wound 3cm x 2 cm x 4. 5 cm on back of right arm, 3 cm above right elbow. (12) Contusion 6cm x 4cm on front of right thigh upper part, oblique redish blue colour. (13) Multiple contusions in whole of back and buttock, average 8 cm x 4cm, 4cm x 4cm, redish blue in colour, 12 to 14.
(3.) THE Doctor opined that duration of death was about 48 hours and the cause of death was coma as a result of head injury. P. W. 2 Dr. V. K. Jain examined injured Raja Saheb on 27-6-1978 at 6. 00 p. m. , opining that the injuries were one and half day old. He found the following injuries : (1) Lacerated wound 6. 5 cm. x 0. 5 cm. x scalp deep about 20 cms. away from the root of nose on the middle of skull, about 12 cms. away from left ear. (2) Abrasion 2. 5 cm. x 0. 1 cm. on the right middle part of skull, about 7 cms away from injury No. (1), scabs present. (3) Abraded contusion with swelling in an area of 9 cm. x 4 cm. , bluish red in colour, scabs present on the back of right forearm about 10 cms. above the right wrist joint. Injuries kept under observation (Contusion size-6 cms. x 2 cms abrasion-9cm x 0. 1 cm.) (4) Abrasion 3 cm. x 0. 1 cm on the back of left forearm, about 7 cms away from left wrist joint, scabbing present. Swelling present in an area surrounding 10cm x 4 cms. (5) Abrasion 1 cm x 1cm on the back of left elbow, scabs present. (6) Abrasion 1cm x 0. 5 cm on the front of left knee joint, scabs present. (7) Contusion 9 cms x 2cm on the back of right shoulder joint. (8) Abrasion 2 cms x 0. 5 cm on the back of right shoulder joint and in the middle of contusion. (9) Contusion 7 cms x 2 cm bluish red in colour on the right chest near the nipple.;