D.K.TRIVEDI,J. - (1.) THIS appeal has arisen out of judgment dated 19 -5 -1979 recorded by I Addl. District and Sessions Judge, Hardoi convicting the appellants, namely, Ram Pyari and Smt. Champa u/secs. 302/34, IPC and sentencing them to life imprisonment. Alongwith them Matroo was also convicted under section 201, IPC but during pendency of appeal Matroo died. Therefore, this appeal abated so far as Matroo is concerned.
(2.) THE prosecution case as set out in the FIR, was to the effect that about 4 or 5 months prior to the occurrence Matroo's younger son had died and about a month prior to the occurrence Shiv Charan had also died. Upon this Panchayat was held in the village in which Shiv Charan's wife Champa appellant and Matroo's wife Smt. Ram Pyari appellant had levelled allegations that those two deaths had taken place on account of witch -craft practised by Smt. Badala deceased. However, the Village Panchayat ended in a fiasco without any decision. The occurrence is said to have taken place on 3 -10 -1975 at about 12.00 noon. It is said that Smt. Badala had gone as usual to look after her fields. At about 12.00 noon PW 5 Badoo and PW 6 Raj Bahadur informed PW 1 Sri Lal complainant at his house who is younger brother of the husband of Smt. Badala, that Smt. Badala was crying in the injured condition in the field. Thereupon Sri Lal and PW 7 Ram Bharosey went on the spot and found Smt. Badala in an injured condition in the field and she was bleeding. When the complainant enquired from her, she informed the complainant and Ram Bharosey that the two surviving appellants had killed her with Khurpi as they were feeling that the deceased was responsible for the aforesaid two deaths in the village. The deceased also asked for water. Thereupon both, namely, the complainant and Ram Bharosey came to the village to fetch water. When they went back to the spot with a cot to bring home the deceased with PW 3 Meharban who is brother of the complainant and several others, they found that all the three appellants were dragging Smt. Badala towards nearby Sai river, out of whom Matroo deceased appellant was holding a gun. When the complainant challenged them, Matroo pointed the gun towards the complainant. All the three appellants threw the dead body into the river. A written report of the incident was lodged by PW 1 Sri Lal the same day at 3.20 p.m. at the Police Station with PW 2 Head Constable Ram Sagar.
(3.) THE dead body of Smt. Badala was recovered from the river by the villagers on 5 -10 -1975 and thereafter on the same day inquest was conducted on the dead body of Badal a by PW 10 S.I. Abdul Gaffar Warsi. PW 9 Dr. J.K. Verma conducted post -mortem examination on 6 -10 -1975 at 11.00 a. m. and found six ante -mortem injuries in all, all of which were incised wounds on the neck and head region. In his opinion, Smt. Badala had died on account of ante -mortem injuries.;