Poonam Srivastava, J. - (1.) -These are two connected appeals on behalf of the appellants. The accused Daya Shankar preferred Criminal Appeal No. 1305 of 1982 and accused Radhey Shyam, Kallu, Ram Kishore and Bhola had preferred Criminal Appeal No. 1336 of 1982 challenging the judgment and order dated 17.5.1982 passed by Sri L. S. Shukla, IVth Additional Session Judge, Fatehpur in Session Trial No. 318 of 1981. The accused Radhey Shyam and Bhola in Criminal Appeal No. 1336 of 1982 died during pendency of this appeal. We proceed to hear these appeals on behalf of accused Daya Shankar, Kallu and Ram Kishore.
(2.) ALL the appellants have been convicted under Section 302/149, I.P.C. and sentenced to undergo life imprisonment and one year R.I. each under Section 147, I.P.C. Both the sentences are directed to run concurrently . According to the prosecution, the occurrence is alleged to have taken place on 14.2.1981 at 4.00 p.m. in village Prethi. Smt. Kamla Devi, wife of deceased Surajdin lodged a first information report against the accused/appellant including two appellants namely Radhey Shyam and Bhola who died during pendency of this appeal, at police station Lalnali on the same day, i.e., 14.2.1981 at 8.45 p.m. The prosecution story as unfolded in the first information report is that an offence of dacoity was committed in the house of one Bhagwan Saran Kalar of the village. The appellant Daya Shankar was an accused in the said dacoity and deceased Surajdin was one of the prosecution witness which resulted in bad blood between the accused Daya Shankar and deceased Surajdin. The other accused are close associate of accused Daya Shankar. Bhola Chamar of the village took Surajdin in the afternoon on the pretext to show Dhanni. On the date and time of occurrence when the complainant Smt. Kamla Devi arrived in the fields towards Bare Bagaha, she heard cries of her husband and both mother and son ran towards the direction from where the shrieks were heard. A number of other witnesses including the wife of elder brother of husband of Kamla Devi (jethani), who were working in nearby fields rushed to the place of the incident after hearing hue and cry and they saw the accused tying the legs and hands and finally strangulated the deceased with a muffler by tying at round his neck. The accused Radhey Shyam was sitting on the chest of her husband and held his hands tightly. Accused Kallu and Daya Shankar tighten the muffler round the neck of the deceased. The accused Ram Kishore took two or three stricks of arhar plant and penetrated in the anus of the deceased which resulted in the death of Surajdin. The accused threatened the witnesses including the complainant and her son with dire consequences if they tried to intervene and ran away towards South-East of arhar field. The first information report was lodged by Smt. Kamla Devi at the police station which was situated at a distance of 16 kilometers. According to the statement of the complainant, she went to the police station half way by cycle and remaining distance was covered by a truck.
(3.) AUTOPSY was performed on the body of the deceased on 15.2.1981 at 3.00 p.m. by Dr. V. K. Tripathi. According to post-mortem report, following ante-mortem injuries were found on the body of the deceased : (1) Multiple abraded contusion in area of 5" x 8" on the front and lateral side of neck and chin clotted blood in the subcutaneous tissue, muscles and other structure present underneath, Hyoid bone fractured. (2) Abrasion 3" x 1/2" on the Rt. side back middle third part. (3) Abrasion 5" x 3" on the Lt. side back middle third part. (4) Abrasion Multiple in area of 5" x 5" on the left lip. (5) Lacerated of the anal canal with abrasion all round. According to the opinion of doctor, cause of death was due to 'asphyxia' on account of strangulation. According to the doctor death was caused on the date and time of occurrence as shown in the first information report and the injuries were sufficient to cause death. The post-mortem report is Ext. Ka-3. On internal examination, Dr. Tiwari found brain, larynx, Trachea, bronchi of the deceased congested containing frothy, bloody mucus. Both the lungs were also congested. Right side of the heart was full whereas left was empty. Clotted blood was found in the abdomens underneath rectum, the tongue was swollen and bruised. Contents of stomach contained 1 pound semi-digested food. large intestine was empty. Small intestine contains digested food. Rectum was lacerated. Liver, spleen and kidney was congested and bladder was empty.;