K. Nath,J. - (1.) APPELLANT Puran and his two sons Tauley and SuTesh alongwith one Debi have been convicted under Section 302 read with Section 34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.
(2.) DECEASED Chhotta was the younger brother of Puran. Sometime in 1972 certain plots appear to have been given to Puran appellant on which he was in possession. In the year 197o, Pacta of some land was given to deceased Chhotca and his brother Sumer separately. The prosecution case as also admitted by the accused. is that the land which was let out to Chhotta and Sumer had been in prior possession of Puran. On 29-6-1976 at about 9-00 a. m. when Chhotta is said to have been returning from the newly acquired land, alter ploughing it to his village Lodhna Khera Police Station Pihani district Hardoi and had arrived, at about 9-00 a. m., on the village Rasta towards south of the field of one Mangli situated towards east of a canal, appellant Tauley said to have been armed with country made pistol and the rest of the appellants said to have been armed with lathis, arrived Appellant Tauley is said to have fired at Chhotta who ran into the field of Mangoli and fell down there The rest of the appellants are said to have struck him with Lathis in consequence of which Chhotta died at the spot. Sumer who had accompained Chhotta for agricultural operations in the field and was proceeding a few steps ahead of Chhotta, is said to have seen the commission of the offence and when he proceeded forward to save his brother, the appellants are said to have given Lathi beatings to him as well. It is the admitted case of both the sides that about 4 or 5 days prior to this murder when Chhotta had gone to plough the field, appellant Puran had forbidden him from doing so which had led to an altercation. That incident is said to have provided the immediate motive for committing the murder. Sumer, after entrusting the dead body of Chhotta to the latter's wife on the spot, went to the Police Station Pihani, two miles away, and lodged FIR there at 10-30 a. m. He named all the accused alongwith their weapons and described the presence of Gajraj PW 2 Phool Chand PW 3 and one Munna Chamar as witnesses of the occurrence. He was sent at once for his medical examination. He was medically examined the same day at 12-30 noon by Dr. Ramesh Chandra PW 7 who found 5 contusions of various sizes on his person. They were located on the left fore-arm, left buttock, left leg, left chest front aswell as left chest back. The colour of the first two contusions was found to be red. The Doctor was of the opinion that all the injuries were fresh and would have been caused the same day (29-6-1976) at about 9-00 a. m. with a possible variation of three hours either way.
(3.) THE FIR having been lodged in the presence of the Investigating Officer S. I., Harpal Singh PW 8 the investigation was taken up by him immediately. He recorded the statement of Sumer at the Police Station and arrived at the spot. He found the dead body of Chhotta lying in the field of Mangali at a distance of about 4 steps towards the north of the southern Mend of the field. THE dead body was at a distance of 22 steps from the canal culvert situated on the village Rasta and towards the south-west of the field of Mangali. THE Investigating Officer, found blood stains near the dead body, he collected samples of plain and blood stained earth and sealed them in separate bundles. He prepared site-plan which indicates the position of the disputed field at some distance further south-west of the canal culvert. The Investigating Officer interrorgated two eye witnesses Gajraj PW 2 and Phool Chand PW 3 the same day The dead body having been despatched by him with relevant documents in sealed state for post mortem examination, was examined by Dr. K. R. Burnwal on 30-6-1978 at 11-30 a. m. The doctor found seven ante mortem injuries on the person of the deceased. Lacerated wound on the left leg had fractured both bones of the leg into pieces, the lacerated wound on right leg had fractured tibia into pieces, two contusions on the right side of chest had caused fracture of third and fourth ribs, rupturing right pleura and laceration of right lung, lacerated wound on the left side of the head had caused fracture of the left parietal bone, there was contusion on the left side of chest and two lacerated wounds on the right side of chin with mandible fractured on right side of cheek.;