- (1.) VINOD Prasad, J. These two appeals arises out of the same S. T. No. 119 of 1981, State v. Krishanpal and Ors. , decided by 5th Additional Sessions Judge, Fatehpur by his judgment and order dated 16-1-1982 and hence both these appeals have been clubbed together and are being disposed off by this common judgment.
(2.) TWO sibling brothers Krishanpal and Hari both sons of Babu Lal in Criminal Appeal No. 164 of 1982 and the appellant Nangu son of Laluwa in Criminal Appeal No. 165 of 1982 have been convicted in the aforesaid sessions trial by the 5th Additional Sessions Judge, Fatehpur, under Section 302/34, I. P. C. and have been sentenced to imprisonment for life, which conviction and sentence is under challenge in the above appeals. The background facts of the case are that the field of Raja Ram was taken on lease by the informant Hori Lal, which was ploughed by the son of the informant. Gaya Prasad (deceased) was imprisoned in connection with dacoity case. When Gaya Prasad was imprisoned then the aforesaid field of Raja Ram was taken by the accused persons and was got leased out to Chaubey Pass. Gaya Prasad after being released from jail had objected the ploughing of the said field by Chaubey Pasi, regarding which an altercation had taken place between the deceased Gaya Prasad and Krishanpal appellant. Motivated by the aforesaid animosity, it was alleged by the prosecution, that on the intervening night of 21/22-12- 1980 at 2 a. m. , the 3 appellants armed with single barrel gun, came to the field of the informant situated towards north west corner of his village, when the informant was watering his field alongwith his wife and two sons Ram Prasad (P. W. 2) and Gaya Prasad (deceased) and no sooner their arrival, Krishanpal instigated for annihilating Gaya Prasad on which all the 3 appellants fired from their guns at Gaya Prasad, who died instantaneously on the spot. Informant and his other family members sprinted towards the village to save their lives. Accused persons dragged the dead-body of the deceased Gaya Prasad in the bushes near the field of Chandra Pal and after throwing it in the said bushes, they escaped in the darkness. Informant Hori Lal, father of the deceased got the FIR scribed through Kamlesh Kumar of his village and after covering a distance of 4 miles lodged the FIR at police station Kishanpur, District Fatehpur. Constable, Shyam Bihari (P. W. 6) prepared the chik FIR Exhibit Ka- 3 and the corresponding G. D. Entry Exhibit Ka-4. The FIR was registered as Crime No. 196 of 1980 under Section 302 I. P. C. S. I. Keshav Puri Goswami, who was present at the police station at the time of registration of FIR commenced the investigation and recorded the statement of the informant at the police station itself. He then proceeded to the spot and conducted the inquest on the dead-body of the deceased and prepared the inquest report (Exhibit Ka-5 ). He also prepared the other relevant documents of challan lash and photo lash Exhibit Ka-7, letter for post-mortem Exhibit Ka-8 and seal impression Exhibit Ka-9. Concluding the inquest report he dispatched the dead-body in a sealed condition through constable Ambika Singh to District Fatehpur for the purposes of post-mortem examination. He collected the plain earth and blood stain earth from the spot and prepared its recovery memo Exhibit Ka-10. Both type of earths are material Exhibit Ka-1 and 2. He thereafter recorded the statement of witnesses of inquest and prepared the site plan Exhibit Ka-11 after conducting the spot inspection. He thereafter recorded the statement of the prosecution witnesses Shiv Dulari, Ram Prasad, Raja Ram and Shiv Bhajan. He had exhibited the statement of Raja Ram and proved it as Exhibit Ka-12. He had also collected the clothes of the deceased and made a note of it in the case diary and proved the said clothes as material Exhibit Ka-3 to material Exhibit Ka-7. Concluding the investigation he had submitted the charge-sheet against the accused persons as Exhibit Ka-13. The post-mortem examination on the body of the deceased Gaya Prasad was conducted by Dr. J. S. Rai P. W. 3 on 24-12-1980 at 2. 30 p. m. The said doctor found following injuries on the dead-body of the deceased. Anti-mortem injuries " (1) Abrasion 1-1/4" x 1/4" front of right side of head oblique. (2) Gun shot wound of entrance one 1" x 1" x cavity deep margin lacerated, inverted, on back of chest left 1-1/4" from V. colum and 3" below inferior angle of scapula left. Blackening and tattooing present. (3) Gun shot wound of exit eight (8) in area 3-1/2" x 3" x cavity deep front of left chest inward to left nipple each 1/3"x 1/3"x cavity deep, margins everted lacerated, No. blackening, no tattooing. Direction from back to front slightly out ward and up ward. (4) Abrasion 1/3"x 1/4"lower, inner left forearm. " Post-mortem injuries " (1) Lacerated wound 1-1/2"x 1/2" whole thickness of external left ear. (2) Wound 1-1/2"x 1" x muscle deep on chin. (3) Wound 1-1/4" x 3/4" whole thickness of nose near on left side. "
(3.) ONE wadding piece and one big shot was recovered from the body which were sealed and sent to S. P. Fatehpur. On the external examination he had also found that the third rib of the deceased was fractured and his 5th vertebra was also broken. His pericardium and heart were lacerated. The semi digest food was present in his stomach and small intestine contained small quantity of digest food. Fecal matter and gases were present in his large intestine. In the estimation of the doctor death had occurred due to shock and hemorrhage and the time since death was opined two and half days from the time of conducting the post-mortem examination.;