- (1.) By way of this criminal appeal, all the four appellants, who were convicted by the learned Sessions Judge, have preferred this appeal under section 374(2) of the Criminal Procedure. The learned Sessions Judge convicted the accused under section 302 IPC read with Section 34 of the Indian Panel Code and sentenced them to life imprisonment. 1.1 This appeal was filed in the year 1982. Out of the four appellants, only two are surviving. The main accused had died and qua him the appeal stands abated. The appeal was taken up for hearing after 34 years when it was placed on the cause list before this Bench. 1.3 We have heard the learned counsels for the parties concerned.
(2.) The brief facts as they emerge are that before the incident took place on 17.1.1982, the accused Shiv Raj and Lal Ram committed assault, so as to ravish the chastity of Smt.Morkali, wife of one Suraj Pal of the same Village Harari about two years and 9 months ago. 2.1 Morkali had lodged an F.I.R against Shivraj Singh and Lalaram and Din Dayal. Din Dayal father of the deceased was cited as a witness of the said incident. The accused were nursing a grudge against Din Dayal, his son Kunwerpal and another son Dhanpal. On the fateful day Din Dayal at about 9.00 AM went to the jungle to ease himself and when he was coming back from there, when he reached in front of the door of house of Shivraj Singh, Balaram, Ram Singh and Anokhey all the four accused surrounded him. All of them were armed with lathis. Dhanpal raised alarm in defence. His brother Kunwerpal and Baburam reached the spot. Accused Lalaram, Ram singh and Anokhey asked Shivraj Singh to beat Dhanpal. At this Shivraj thrashed lathi on the head of Dhanpal. During this incident, Dambar and Ram Charan of the village also reached on the spot. They all tried to save Dhanpal, meanwhile the other accused caused injury to Kunwerpal, Babu Ram and Dambar also. Dhanpal fell down on the ground, the accused left the place of incident. Kunwerpal, the brother of the deceased made arrangement of bullock cart and took Dhanpal in it. The accused Shivraj inflicted the fatal blow with lathi and Dhanpal died at Village Garhia on his way to Thana Usehet. 2.2 An F.I.R was lodged at Thana Usehet at 11.30 A.M on the very same day i.e on 17.1.1982. The F.I.R was lodged against all the four accused by Kunwerpal who was also an injured eye witness and who has been examined as PW-5. The injured came to District Hospital Budaun and the dead body of Dhanpal was sent to District Hospital Budaun by S.O Usehet. The postmortem examination of the corpse of Dhanpal was conducted by Dr.K.R.Khan in District Hospital Budaun who has been examined as PW 4. After the investigation was over, the police submitted the charge sheet. On the charge sheet being laid, the learned Magistrate committed the case to the court of Sessions.
(3.) To prove the fact of murder and injuries to the other witnesses, the prosecution has examined PW 1 to PW 9. The same is narrated seriatim: 1. P.W-1 Harnandan Singh 2. P.W-2 Chheda Singh 3. P.W -3 Lal Singh 4. P.W-4 Dr.R.K.Khan 5. P.W-5 Kunwar Pal 6. P.W-6 Babu Ram 7. P.W-7 Ram Charan 8. P.W-8 Dr.Sukhbir Singh 9. P.W-9 Kalicharan Sharma 3.1. The prosecution has produced the following documents to prove the charge framed by the learned Sessions Judge. Documents 1. F.I.R Ex.Ka- 7 2. Recovery memo of blood stained and Plain Earth Ex.Ka - 17 3. Injury Report of Kunwar Pal Ex.Ka- 13 4. Injury Report of Babu Ram Ex.Ka- 14 5. Injury Report of Dambar Ex.Ka- 15 6. P.M Report Ex.Ka- 12;