SHIV SHANKER, J. - (1.) THIS criminal appeal from jail has been preferred by ap ­pellant Veer Singh Pal against the im ­pugned judgment and order dated 19.3.2002 passed in S.T. No. 434 of 1996, State v. Virsingh Pal and Komal under sec ­tion 302 IPC, Police Station Chirgaon, dis ­trict Jhansi whereby appellant Veer Singh Pal was convicted and sentenced to un ­dergo imprisonment for life under section 302 IPC with a fine of Rs. 1,000/ - in default of which he shall undergo simple impris ­onment for six months while accused Komal Singh was acquitted.
(2.) BRIEF facts, arising out of this ap ­peal, are that Gajraj (P.W. 1) submitted a written report at Police Station Chirgaon, district Jhansi on 7.7.1996 at 8.15 A.M. by stating that on 6.7.1996, his father had gone to Chirgaon for filling the form of taking loan along with Kunwar Lal. They were returning from there and reached near the village. Same time, accused Komal Singh came there and said that no amount will be withdrawn as loan without his consent. Therefore some altercations took place between Komal Singh accused and Shyam Lal. At that time, accused Veer Singh Pal also came there and extended threats to see him within three days. Thereafter, Shyam Lal told about this incident at his house. On 6.7.1996, at mid -night. Shyam Lal was sleeping on his cot. The informant Gajraj and his brother Hargovind were also sleeping on the Chabutra nearby the cot of their father Shyam Lal. Same time, accused Komal Rajpoot and Veer Singh Pal came there and saw the cot of his father. On hearing sounds they awakened and saw accused Komal Singh, Veer Singh Pal, having axes with them. Thereafter, they assaulted and inflicted axe injuries on his neck. They raised alarm and tried to ap ­prehend the accused persons but they could not be apprehended. Veer Singh Pal had grudge with the family of the infor ­mant. Accused persons fled away from the place of incident after extending the threats. Several persons of the village also reached there. Shyam Lal died on the spot due to the sustaining of axe injuries. On the basis of the written report, Chik FIR was prepared and investigation of the case was entrusted to the Station Officer Shiv Singh Bisen (P.W. 5). Thereafter, on the next day, the Investigating Officer reached at the place of incident and prepared the inquest report etc. After sealing the dead body of the deceased, the same was sent for post ­mortem through the constables.
(3.) DR . C.M. Agarwal (P.W. 4). con ­ducted the post -mortem of the deceased and following ante -mortem injuries were found on the body of deceased: - 1. Incised wound on right side of face on jaw size 12 cm. x 04 cm. x 04 cm. (bone deep) extending from middle of chin to angles of jaw. Wound show fracture of jaw (mandible) and cut surfaces of muscle, vessels etc. 2. Incised wound on left side of face over and below jaw (mandible) size 8 cm. x 4 cm. on deep, extend ­ing from 2 cm. from middle of chin towards angle of mandible. The cause of death was shown due to shock and haemorrhage on account of ante -mortem injuries. ;