Imtiyaz Murtaza, J. - (1.) -The present appeal is directed against the judgment and order dated 2.5.2006, passed by Special Judge (S.C./S.T. P.A. Act), Etah in Session Trial No. 574 of 2002 whereby the appellants are convicted under Section 302/34, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 5,000 and further convicted under Section 3 (2) (5) of S.C./S.T. (P.A.) Act and sentenced to undergo imprisonment for life and a fine of Rs. 5,000. Both the sentences were directed to run concurrently.
(2.) BRIEFLY stated, the prosecution case is that marriage of Mahesh Chand was going to be solemnized in village Raja Ka Rampur and several persons of village Aliganj reached in village Raja Ka Rampur to attend the marriage. At about 11 p.m. on 16.3.2002, when the marriage party was reaching bride's house the appellants started dancing in the party, which was objected by the people but they did not pay any heed, which resulted in a scuffle between the appellants and the deceased. Thereafter, appellants went to their house and returned and Dildar stabbed Mukesh with a knife on his chest while Chaman was catching hold of him. Mukesh succumbed to his injuries while he was being carried to the hospital for treatment. The report of the incident was lodged by one Alakh Saran at the police station. After the registration of the case S.I. Sita Ram Shukla reached at the place of occurrence. He prepared the inquest memo and handed over the dead body in a sealed condition to Constables Sri Niwas and Omveer Singh for carrying it to the mortuary for post-mortem examination. The inquest memo is Ext. Ka-2. Photo lash, challan lash, letter to C.M.O. are Exts. Ka-3, Ka-4 and Ka-5 respectively. He collected blood smeared and plain earth from the place of occurrence and prepared its recovery memo, which is Ext. Ka-6. Post-mortem on the dead body of Mukesh was conducted by Dr. V. K. Dubey and noted following ante-mortem injuries : (1) Incised wound 3.0 cm. x 1.0 cm. x chest cavity deep on (Lt.) side chest, 6.0 cm. away (Lt.) nipple at 8 O'clock position. Tailing downwards. (2) Abrasion on back of (Rt.) forearm 7.0 cm. proximal to wrist joint size 2.5 cm. x 1.0 cm. (3) Linear abrasion on (Rt.) side back at superior border of scapula 7.0 cm. long.
(3.) IN the opinion of the doctor the cause of death was due to shock and haemorrhage as a result of ante-mortem injuries. After submission of the charge-sheet, the case was committed to the Court of Sessions and charges under Sections 302/34 and 3 (2) (v) of S.C./S.T. Act were framed against both the appellants to which they denied and claimed trial.;