- (1.) V. D. Chaturvedi, J. Both of these Government appeals have been preferred against the judgment and order dated 23-12- 2000 passed by Sri P. S. Chhabara, Additional Sessions Judge, Lalitpur in Sessions Trial No. 159 of 1996 whereby he acquitted the appellants under Section 302/34, 307/34 and 504 I. P. C. , but convicted them only under Section 304 (Part II) and 324 I. P. C. without awarding any sentence. Instead, he released them on probation of three years under the Probation of Offenders Act, 1958. Govt. Appeal No. 1038 of 2001 is under Section 378 Cr. P. C. against respondent s acquittal for offences under Section 302/34, 307/34 and 504 I. P. C. whereas Govt. Appeal No. 4138 of 2005 is under Section 377 Cr. P. C. for the enhancement of the sentences. Both of these appeals are being disposed of by this single and common judgment.
(2.) THE prosecution case as revealed in written report Ex. Ka-1 was that on 16-1-96 the complainant's son Rajendra Singh alongwith his friends Vijay Singh and Mahendra Singh left his village Khadobara for the house of his friend Pankaj Patwari of village Gadyane; that at about 12. 30 in the noon they reached at an open place' (situated in the eastern side of a canal in village Gadyane) where accused Hari Lal son of Bhagone, Sheela wife of Parsu and Chainu son of Rampe armed with axes were watching their goats which were grazing there; that as the goats had blocked the pavement, Rajendra Singh, Vijay and Mahendra drove them from the pathway, whereupon Hari Lal, Sheela and Chainu started abusing them saying that they were thieves and were carrying their goats; that Rajendra Singh and his companions objected the accused persons for levelling charge of being thieves against them whereupon a hot altercation started between the two sides; that accused Hari Lal, Chainu and Sheela surrounded them hurling abuses and started assaulting Rajendra Singh by axes till his death; that Vijay Singh and Mahendra Singh communicated this incident to complainant Suraj Singh (father of the deceased) in village Khadobara whereupon he (complainant) alongwith his brother Ranveer Singh and Rama Gadaria reached spot where Shobha Singh son of Gajraj Singh and Jasrath, Singh son of Jagat Singh were sitting aside the dead body of Rajendra Singh; that Shobha Singh and Jasrath Singh, who witnessed the occurrence, narrated the incident to the complainant; that the complainant saw that dead body of his son and son's Chappals were lying in a pool of blood near the culvert of the canal. THE complainant lodged the report (Ex. Ka 1) of aforesaid facts same day at 17. 30 p. m. at P. S. Bar, Lalitpur. The investigation was conducted by Ram Sundar Yadav (P. W. 10), the then S. O. of P. S. Bar. He reached the place of occurrence, prepared the inquest report and other necessary papers and sent the dead body for post-mortem. Dr. A. K. Tripathi (P. W. 6) conducted the autopsy on the dead body of Rajendra on 17-1-96 at 3. 00 p. m. and found following injury on the corpse of Rajendra Singh who was aged about 22 years: (1) Incised wound 11 cms x 5. 5 cm x bone deep, oblique on left side of neck just above left clavicle starting from 2. 5 cm. lateral to sternal notch upto 7 cms medially from tip of left shoulder, elliptical in shape, tailing of wound present over left shoulder underlying muscles and blood vessels are cut. left 1st rib cut posteriorly.
(3.) DOCTOR opined that he died due to shock and haemorrhage as a result of ante-mortem injury. Mahendra Singh (P. W. 1) who also sustained injuries in the occurrence, was medically examined on 17-1-96 at 12. 45 p. m. by Dr. G. P. Ojha (P. W. 9) who found following injuries on his person: (1) One oblique incised wound 9 cm x 3 cm x bone deep with lymphly cover on the right side of parietal region of scalp. 2 Cm above the right pinna (right ear) (2) One oblique incised wound 9 cm x 3cm x muscle deep with lymphly cover on the left side of neck. (3) One oblique incised wound 9cm x 3cm x bone deep with lymphly cover and dry clotted blood on the right palm. (4) One oblique incised wound 11 cm x 5 cm x bone deep with lymphly cover on the back of left shoulder (5) One incised wound (Oblique) 3 cm x 1. 5cm x bone deep with lymphly cover on the back of middle and distal phalanx of left thumb. (6) One oblique incised wound 5 cm x 1 cm x bone deep with lymphly cover on the back of proximal phalanx of left index finger;