Shiv Shanker, J. - (1.) This criminal appeal has been preferred by appellants against the impugned judgment and order dated 21.9.1981 passed by Additional Sessions Judge, Azamgarh in Sessions Trial No. 262 of 1980 convicting appellants Vishwa Ram, under Section 304(2) IPC, and sentencing him to 5 years R.I. and further convicting appellants Sagram and Surendra under Section 304 (2) IPC read with Section 34 IPC and sentencing them 3 years R.I. Brief facts arising out of this appeal are that Seeta Pasi s/o Sundar Pasi registered FIR on 29.4.1980 at 5.30 p.m. against three accused Vishwa Ram, Sagram and Surendra wherein it has been stated that on 29.4.1980 at about 2.00 p.m. some quarrel took place in between Syama aged about 8 years and one boy 5-6 years relating to the house of Visrambhar. Therefore, Munnar, uncle of the first informant reached there to pacify the matter in between them. Same time accused persons Vishwa Ram, Sagram and Surendra also reached there and some quarrel also took place in between Munnar (deceased) and accused persons. Thereafter, he was beaten by all the accused persons and took him at the door of Vishwa Ram. After raising alarm, first informant, his sister-in-law and neighbourers of the informant Babu Ram, Hunnar reached at the place of occurrence and saw that all the three accused persons were beating to Munnar wherein Vishwa Ram was armed with Moosar and he was beating with Moosar while other accused Sagram and Surendra were beating to Munnar with kicks and fists. Consequently, he died on the spot due to sustaining injuries at the door of accused Vishwa Ram. After leaving the dead body of the deceased, first informant lodged the FIR. Thereafter, inquest report, photo challan etc. were prepared. After sealing the dead body of the deceased, it was sent for conducting autopsy. Following ante-mortem injuries were found on the dead body of the deceased: 1]. Abrasion 5 cm x 4 cm. Outer part of upper part of left thigh just below glutted fold. 2]. Abrasion 2 cm. x 1.5 cm. Back of left elbow. 3]. Contusion swelling 6 cm. x 5 cm. Left side head 2 cm. above left ear. Cause of death has been opined by doctor coma as a result of anti-mortem injuries. Post-mortem report was also prepared. After completing the investigation, charge-sheet was filed against all the three accused persons under Section 302 I.P.C. upon which cognizance was taken and case of the three accused persons was committed to the Court of Session. Thereafter, Trial Court framed charge under Section 302 read with Section 34 IPC against all the three accused persons, who pleaded not guilty and claimed to be tried.
(2.) Prosecution examined witnesses for proving its case PW1. Seeta, PW2 Smt. Kisuni, PW3 Babu Ram who are the fact witnesses. PW4 A.K. Singh, IO. PW5 Sri S.N. Sinha, Medical Officer, who proved the post-mortem report of the deceased.
(3.) DW1 Umashanker and DW 2 Sunari have been examined on behalf of the accused persons in their defence.;