K. N. Misra, J. - (1.) THIS appeal is directed against the judgment and order dated 27-5-81 passed by Sessions Judge, Sitapur convicting accused-appellant Bisram son of Baldeo and awarding a sentence of imprisonment for life under section 302, IPC. The appellant No. 2, Ghurai son of Dorey has also been convicted and sentenced to imprisonment for life under section 302/34 IPC.
(2.) BRIEFLY stated, the prosecution case is that Bisram accused wanted to sell some land of which Smt. Moola was also co-tenure holder. She did not agree to it till the formal partition was done. Since Smt. Moola did not agree to sale being done without formal partition of the joint land and so Bisram could not sell the land. Smt. Moola also filed a suit for partition on 4-2-1980; a copy of the plaint is Exhibit Kha-12. Due to all this, Bisram bore ill-will against Smt. Moola. This joint chak land of Bisram and Smt. Moola is said to be situate towards west of village Tikra at a distance of about four furlongs. To the north of this chak lies the field of one Sridevi and to its north is the canal. There is a Mend dividing the joint chak and on the eastern side of the Mend lies the field of Bisram and on the western side of it is the field of Smt. Moola. It appears that the chak was mutually partitioned in the said manner. The prosecution case is that on the fateful day in the noon Smt. Moola was grazing her goats at her field. She was sitting on the Mend. Bahoran (PW 2) was also present at that time in the chak of Smt. Moola and was grazing his cattle, both the accused persons, Bisram and Ghurai came there. Informant Parwan (PW 1) is also said to have gone to see his field situate nearby. At about noon time, Smt. Moola cried for help shouting that Bisram and Ghaurai, accused, were killing her. On hearing the cries, informant as well as Sheo Raj son of Munna Arakh, Bahoran son of Ghassu Garadia, Ishawari son of Jiyan Teli, Parshan son of Pohan Arakh and several other persons of the village ran for help and reached the spot. There they saw that accused Ghaurai was holding both the legs of Smt. Moola and Bisram accused was giving Gandasa blows on her neck. By the time these accused persons reached there, the accused persons escaped with the Gandasa. The Head of Smt. Moola was severed and she was dead. Some other persons of the village also reached there. The witnesses tried to catch-hold the accused persons, but they filed away from the scene of occurrence with the Gandasa towards north. Informant Parwan lodged a report at police station Mishirikh the same day, i. e. 25-9-1980, at 4 P. M. Head-constable Suresh Singh wrote the report, Ext. Ka-1, which was thumb-impressioned by Parwan (PW 1). He registered the crime in G. D. vide Ext. Ka-2. Investigation was entrusted to Sn Ganesh Singh (PW 3) and he is said to have interrogated Parwan at the police station. He reached the spot alongwith the complainant and found the dead body of Smt. Moola, her severed head lying at some distance. He conducted the inquest proceedings and prepared inquest-report Exhibit Ka-3. The dead-body was sealed and sent for post-mortem examination through Constable Ram Manohar Dubey, Ayodhya Prasad and village Chaukidar along with necessary papers. He took samples of blood stained and simple earth, which are material Exhibits 1 and 2. The memo prepared is Exhibit No. Ka-/. The Investigating Officer also prepared site-plan Exhibit Ka-8. He searched for the accused, but could not find them. The other witnesses were interrogated by him.
(3.) POST-mortem was conducted by Dr. L. P. Shukla, Medical Officer, District Hospital, Sitapur on 26-9-1980 at 3.00 P. M. Dr. L. P. Shukla was not examined in the case, but genuineness of the post-mortem report was admitted by the learned counsel for the accused persons. It was exhibited as Exhibit Ka-11 according to it the probable time of death was about one day. On external examination it was found that the body was of an aged female of average built, head severed from the trunk completely. Rigor mortis has passed from the upper and was passing from the lower extremities. The right eye was open and left closed and the mouth was closed. Abdomen distended, greenish discolouration present in both the iliac fossa. The following antemortem injuries were found on the dead body :- 1. Incised wound 15 cms x 14 cms through and through the neck at the level of 2nd cervical vertebra cut through and through, lobe of the left ear cut through and through, both sides carotid vessels, all muscles, all ligaments and other structures in the neck region cut through and through, left side mastoid bone cut. Head and neck severed from the trunk in four strokes. Neck circumference 15 cms. x 14 cm with half lobe of the ear attached with skin of neck. 2. Incised wound 4 cms x 1/2 bone deep on the dorsal aspect of the proximal phalanx of the index finger of left hand. On internal examination the doctor found the second cervical vertebra cut through and through, spinal cord cut at the level of second cervical vertebra, both carotid vessels cut through and through larynx treachea cut at the level as discribed above, oesophagus cut at the same level as described above. The stomach contained about four ounces of pulpy material and both the small and large intestines were full including the rectum. It was opined that the death was caused due to shock and haemorrhage as a result of antermortem injuries.;