- (1.) Heard Mr. M.P. Rao, learned counsel for the appellants, Mr. Umesh Verma, learned A.G.A. for the State and perused the lower court record.
(2.) Under challenge in the instant appeal is the judgment dated 28.1.2004 and order dated 31.1.2004 passed by Additional Sessions Judge, Fast Track Court No. 31, Barabanki in Sessions Trial No. 261 of 1998 arising out of Case Crime No. 34 of 1995, Police Station Ghunghter, District Barabanki whereby appellant Raja Ram Raidas was convicted under Section 302 I.P.C. and appellant Jageshwar was convicted under Section 302/34 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 1,000 each with default stipulation of one year additional simple imprisonment.
(3.) In brief the facts of the case are that complainant Pyare Lal son of Raghunath, resident of Shakti Baudhani, Police Station Ghunghter got an F.I.R. scribed by one Mohd. Isha son of Mohd. Zahoor, Village and Post Khijhana, District Barabanki and lodged it on 27.5.1995 at 6:30 a.m. alleging therein that his brother Harinaam (deceased of this case) had illicit relations with the wife of appellant Raja Ram and due to this enmity in the preceding night i.e. 26/27.5.1995 while Harinaam was sleeping in front of his house and the complainant was sleeping in front of his house along with his relative Ganga Ram Yadav resident of Peernagar, who had come to visit his house then in the night at about 1:00 a.m., they heard the shrieks of his brother Harinaam. He along with his relative Ganga Ram, flashing the torch and raising alarm rushed towards him and saw that appellant Raja Ram was giving blows with Banka to Harinaam, appellant Jageshwar was catching hold of his brother. In the meantime, Avadh Ram of his village and several other persons reached there. Seeing the complainant and several persons, the appellants ran away in the western direction. When these persons reached near his injured brother, then he was crying with pain and was saying that Raja Ram and Jageshwar have killed him. Thereafter while the complainant was making arrangement to take him for his treatment, in the meantime, he succumbed to the injuries. After leaving the dead body at the place of occurrence, the complainant went to lodge the report in the morning because due to fear, he could not go to lodge the F.I.R. in the night. On the basis of this F.I.R., case was registered. The Investigating Officer came to the place of occurrence and conducted inquest proceedings, which concluded at 9:30 a.m. After completing the other formalities, the dead body was sent for postmortem, which was concluded on 28.5.1995 at 3:00 p.m. According to the postmortem report, duration of death was about one and a half day and following ante mortem injuries were noted in the postmortem report:- (i) Incised wound over left side head posterior to left ear and cutting the left pinna size 8 cm x 2 cm x bone deep. Underlying bone cut. (ii) Incised wound over left side forehead just above left eyebrow size 5 cm x 1.5 cm x bone deep, underlying frontal bone cut. (iii) Incised wound over left side fact cutting bridge of nose on left side and left upper eyelid size 3.5 cm. X 1 cm x bone deep underlying nasal bone cut. (iv) Incised wound over left side cheek 4.5 cm x 1.5 cm x above deep, maxilla bone cut underneath the wound. (v) Incised wound over the dorsum of left hand, size 7 cm x 1.5 cm. X bone deep cutting 2nd and 3rd metacarpal. (vi) Incised wound over left arm middle part outer and interior aspect size 6 cm x 2 cm x bone deep. Underlying bone cut. (vii) Incised wound over left thigh on interio and lateral aspect 21 cm below interior illiac spine size 21 cm x 5 cm x bone deep. (viii) Incised wound over left thigh 5 cm agove left knee on anterio and lateral aspect size 16 cm x 4 cm x bone deep cutting. In the opinion of the doctor, the cause of death was shock and hemorrhage as a result of ante mortem injuries.;