R.N.RAY.J. - (1.) THIS appeal has been directed against the judgment of conviction and order of sentence of life imprisonment for the offence u/s. 302/149 I.P.C. in Session Trial No. 151/79 dated 2 -4 -1981 of the court of III Addl. Sessions Judge at Hamirpur. That Session Trial had actually arose from. Crime No. 13 dated 26 -3 - 1978 of police station Kulpahar district Hamirpur in which one Param Lal son of Mulley Lodhi of village And wara P.S. Kulpahar lodged the F.I.R. on 26 -3 -1978 at about 11.00 a.m. alleging the incident.
(2.) THE prosecution story is that on 26 -3 -1978 at about 9.00 a.m., on which day holi festival was being celebrated, deceased Matadin who was in habit of taking wine was going to purchase meat and he was accompanied by his son Prabhu who was also murdered. The informant of the same village was also going to purchase meat from the shop of Kishori Khatik. When Matadin and his son reached near the Ikwai of Khimaiya Chamar then the accused persons Chandra Bhan and Walt Mohammad came out from that hide out position behind that Ikwai and challenged the deceased declaring that they would finish him. Said Chandra Bhan and Wali Mohammad (died/killed during the pendency of the trial). It is further case that the said Chandra Bhan and Desai had gun in their hands. Accused Banshi had a Farsa and Wali Mohammad had a Sang in his hand and other accused persons were armed with Lathis. On seeing them Matadin tried to run away towards the Tambakoo field of Pragi Pandit but the accused persons surrounded him and finished him in that field itself by inflicting severe injuries. His son Prabhu started running away. The informant and other witnesses were present there, started raising alarm and chasing the accused persons but the accused persons threatened them that if they try to interfere they would also be finished, Prabhu ran away about a mile and near Rakarhar the accused persons were successful in apprehending the said Prabhu and assaulted him to death. Thereafter the accused persons fled away. The informant went to police station Kulpahar and lodged the F.I.R. The accused persons were named in the F.I.R. and it is the case of the prosecution that since the incident took place at 9.00 a.m. the witnesses saw the occurrence and identified the, accused persons as they had the occasion to see the accused persons committing the offence which took considerable period. The S.O. sent to the spot for investigation and prepared the inquest report of Matadin and picked the dead body and sent the same to the hospital through one constable with the forwarding note for holding the post mortem examination. Thereafter the I.O, recovered the blood stained and plain earth and also blood stained wearings of Matadin under proper seizer list in presence of the witnesses who subscribed their signatures on the seizer list. Then the I.O., went to the place where the dead -body of deceased Prabhu was lying and made inquest on that dead -body and sent the same in proper sealed condition through constable with the requisition letter for holding post mortem examination by a doctor. The I.O, also recovered the blood stained and plain earth from the place of the dead body. He prepared the site plan and examined the witnesses, received the post mortem report and after complying the other formalities submitted the charge -sheet against the accused appellants and also against Wali Mohammad and Chandra Bhan who were either killed or died during the pendency of the trial. All the accused persons are of village Andwara police station Kulpahar, except the accused Desai who was r /o village Tilapatar and was a relation of accused and Chandrabhan. The further prosecution case is that in 1976 one Pyare Lal of that village was murdered in which Jangi, Chiranji and Banshi were accused persons and deceased Matadin was a witness. However, in the trial the accused persons of the alleged murder of Pyare Lal which took place in 1976 were acquitted. Thereafter the accused persons Kaliya, Prakash, Shiv Prasad and others damaged the water pump machine of the deceased Matadin for which the said Matadin lodged a report to the police station concerned so the accused persons were inimical to Matadin.
(3.) P .W. 1. Dr. M.K. Singhai. Medical Officer of Govt. Hospital at Mahoba held the post mortem examination of the dead -body of Matadin and found the following injuries: 1. Lacerated wound on the center of head 9 cm. x. 4 cm. x brain deep with laceration of skin fracture of both parital bones into pieces and brain tissue fractured and lacerated. 2. Incised wound on the back of neck in the upper part transvers 11 cm. x 2 cm muscle deep. 3. Incised wound on the left side face 7 cm x 1.5 cm x bone deep fractured. 4. Incised wound on the left side neck upper part 5 cm x 1.5 cm x muscle deep.;