N.L.Ganguly, J. - (1.) TWO appellants Shashl alias Satender and Ram Pal have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment in Session Trial No. 186/81 by the Court of Ilnd Additional Sessions Judge, Bulandshahr. The F.I.R. and the evidence led in the case shows that one Tej Pal Singh owned 54 bighas of agricultural land at village Ahmad nagar, P.S., B. B. Nagar district Bulandshahr. Deceased Digamber Singh was the son of Tej Pal Singh. The appellant Shashi alias Satender is the son of Digamber Singh. Appellant No. 2 is said to be the friend of Shashi alias Satender appellant No. 1.
(2.) THE prosecution case is that the appellant Shashi alias Satender was naughty person. He was separated from the family after giving him 18 bighas of land for cultivation. THE remaining land out of 54 bighas was kept joint for Digamber Singh (deceased), his father Tej Pal Singh and the informant Gyanendra (P.W. 1). It is alleged that Digamber Singh had negotiated for selling 5 bighas land to one Bheem Singh. Appellant Shashi was annoyed. It is said that the land was to be sold on 23.2.81 but on account of advocates strike the same could not be executed and its execution was postponed to 24.2.81. In between 23/24.2.81 between 11.00 and 12.00 in the night. Digamber Singh (Deceased), his father Tej Pal Singh and the informant Gyanendra (P.W. 1) were present at their tube-well which is situated at a distance of one furlong from the abadi of the village. THE complainant was a student and on that hour in the light of tubewell on a pole, he was reading. Digamber Singh (Deceased) was lying near him when appellants Shashi and Rampal armed with boori and knife respectively came and assaulted Digamber Singh with boori and knife. THE complainant ran away towards the village on seeing the occurrence raising alarm. In the course of assault, Tejpal Singh had tried to save and intervene and he was also assaulted by the weapons of the appellants. He had received injuries. It was a night hour. THE informant could not go to the police station for lodging the report immediately. On the next day at about 9.30 a.m., Gyanendra (P.W. 1) reached the police station and lodged the F.I.R. which have been proved and marked as Ext. Ka-4. In this case the prosecution examined the solitary eye-witness Gyanendra (P.W. 1). Tejpal Singh who also said to have received injury, by the hands of assailant was not examined in the Sessions Court. The prosecution examined the witness Bhuley Ram (P.W. 2) who had accompanied with the dead body to the mortuary. P.W. 3 is the head constable Chandrajit Singh who registered the case and prepared chik report. Dr. S. K. Datta (P.W. 4) had examined the injury of Tejpal Singh. The post mortem examination of the deceased Digamber Singh was conducted by Dr. M. P. Agarwal (P.W. 5). Anti- mortem Injuries on the dead body are quoted from the post mortem report as under: 1. Penetrating wound left eye ....? 2 cm. x 1 cm. cavity deep. 2. Incised wound 3 cm. x 0.5 cm. muscle extending from Burigge of nose to...............left eye. 3 Incised wound 2 cm. x 0.5 cm. x muscle Rt. side nose. 4 Incised wound 3 cm. x 1 cm. muscle side chin. 5. Incised wound........1/2 cm. x 2 cm... Rt side neck..? All muscle deep...? 2 cm. x 0.5 cm muscles 3 cm. x 1 cm. 6 Four incised wound Lt. side front neck each about 1 cm apart, all muscle deep. Size maximum 1 cm. x 0.5 cm muscle 3 cm. x 1 cm. 7. Incised wound 3 cm. x 2 cm. x Trechee cut through and through and middle. 8. Penetrating wound 0.5 cm. x 0.5 cm. x muscle Rt. side front of over chest 4 cm. below. ft Incised wound Rt. side front of chest 1 cm. x 0.5 cm. x muscle...? 10. Abrasion wound left side of chest 9 cm. x below nipple 2 cm. x 1 cm 11. Four incised wound 3 cm. above vertices on Dorsum both side all muscle deep, each about 2 cm. apart. Size muscles 1 cm. x 0.5 cm. maximum2cm. x 1 cm 12. Three incised wound 4 cm. below verticals on abdomen each muscle deep. Size 1 cm. x 0.5 cm. to 2 cm. x 1 cm 13. Two penetrating wound on.....? Lower part, each cavity deep size 1 cm. x 0.5 cm wound deep. 14. Incised wound three in number all muscle in deep 0.5 cm. x 0.2 cm, on penis two on Lt side and one on dorsum. 15. Two incised wound on each lower part........? rages cut 1 cm. x 0.5 cm. x muscle. 16. Incised wound 1 cm x 0.5 cm x muscles Rt. Buttock. 17. Incised wound 1 cm. x 0.5 cm. Rt side renis No. 1 rages. 18. Muscle........? Rt glater rages in area 1 chest 7 in number 8 cm. x 4 cm. The injuries of Tejpal Singh which were examined by Dr. S. K. Datta are reproduced as under: Incised would 3 1/2 cm x 3/4 cm. x muscle deep over dorsum of feet 3 cm. anterior to lateral malleolus of Tibea. Margins are sharp. Nature simple. Duration fresh caused by sharp edged weapon. It is worth noting that the injuries of Tejpal Singh was examined at 3.20 p.m. on 24.2.81 and the duration in the injury report is said to be fresh. In the examination-in-chief, the witness Dr. S. K. Datta (P.W. 4) stated that the injuries on Tejpal Singh could not be caused in between the night 23/24.2.81.
(3.) THE prosecution adduced evidence of P.W. 6, Ishwar Dayal Tyagi, the Investigation Officer. Heard Sri A. D. Girt, learned counsel for the appellants and Sri K. C. Saxena, learned A.G.A. and perused the record.;