Imtiyaz Murtaza, J. - (1.) BOTH the appeals are directed against the judgment and order dated 19.3.2005 passed by the Additional Sessions Judge (Court No. 17), Kanpur Nagar in S.T. No. 268 of 2003 whereby the appellants have been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 5000/ - and in default of payment of fine further imprisonment for three months.
(2.) THE brief facts of the case mentioned in the first information report lodged by Akram on 8.8.2002 at 00.45 A.M. are that his father and mother live in the Farm House of Rizwanullah in Village Purwa Meer. On 7.8.2002 he alongwith his maternal uncle Noorulain came to Farm House to meet his father and after taking dinner they were lying on the roof alongwith his father and mother. At about 11.30 in the night his father called other employees of the Farm House namely Ram Singh and Bhagat (a) Mahavir and shouted that blue bull has come. Ram Singh and Ors. also started rushing and shouting. He and his maternal uncle woke up. There was no electricity and a generator was on. When Ram Singh and Bhagat reached near them, his father flashed torch and went to chase blue bull. As soon as he reached near the western side of Verandah, Baghela s/o Surajpal r/o Tendua, Fatehpur and Chhiddu Singh s/o Harpal Singh r/o Purwa Meer started assaulting his father with Kulhari. His father raised alarm. He alongwith his maternal uncle and mother came down and saw that his father was being assaulted with Kulhari by Baghela and Chhiddu Singh. They tried to apprehend them but both of them ran away towards western side. They had recognized them in the light of generator. They brought his father near the Veranda, but he had succumbed to his injuries. Baghela used to work earlier in the same Farm House, but once he was apprehended in a theft by his father and he was removed from the service. On account of that enmity he had committed the murder. He had telephonically informed the owner of the Farm House and family members of his maternal uncle. They reached there and a report was lodged at the police station on 8.8.2002 at 12.45 A.M. After the registration of the first information report Sub -inspector Chhavi Narain Singh reached at the Farm House of Rizwan alongwith constables Shakti Vir Singh and Ranvir Singh. Station House officer also reached there and on his direction he had prepared the inquest report in the morning at 6.30 a.m. Inquest was completed at 8.00 a.m. and the dead body was scaled and handed over to the constables Satya Vir Singh and Ranvir Singh for carrying it to the Mortuary, which is Ext.Ka.5 and letters to R.I., C.M.O., photo lash, challan lash were prepared which are Ext.Ka.6 to Ext.Ka. 10.
(3.) THE post mortem examination on the dead body of the deceased was conducted by Dr. Jitendra Agrawal on 8.8.2002 at 11.00 a.m. He noted following ante -mortem injuries: 1. Lacerated wound 2 cm x 1 cm bone deep right parietal region of head 5 cm above right ear. 2. Lacerated wound 3 cm x 1 cm bone deep on vertex of head 7 cm above bridge of nose. 3. Incised wound 7 cm x 2 cm bone deep right side of neck lower jaw cut Neurovascular Bundle was cut with cut of inclement muscles. 4. Incised wound 8 cm x 2 cm bone deep right side neck over chin 2 cm below injury No. 3, underneath all Neurovascular and muscles with bone cut.;