Vinod Prasad, J. - (1.) Appellant Gaya Prasad @ Java has questioned the correctness of his convictions under Sections 449 and 302 IPC and sentences for life imprisonment each count recorded by Additional Session's Judge Special Judge (DAA) Hamirpur in S.T. No. 27 of 1992 State v. Gaya Prasad @ Gaya under Sections 449/302 IPC. P.S. Sri Nagar, District Hamirpur through instant appeal.
(2.) The prosecution allegations against the appellant in brief are that Pirva (Deceased) father of Nand Kishore (Informant) was murdered in the intervening night of 31/1.11.1991 at about 12AM in his house by a that, informant got the FIR (Hxt. Ka 1) scribed through Banshi Dhar Pradhan and after covering a distance of 7 Kms lodged it at Police Station Srinagar District Hamirpur on 1.11.1991 at 9.05 AM as crime number 141 of 1991, under Section 460 IPC. Mead Constable Satya Pal Singh, PW 5 prepared chik FIR (Ext. Ka 2) and made G.D. entry (Ext. Ka 3). Nawab Singh S.O. Started the investigation along with Surendra Bahadur Singh SI, P.W 7. Both the officers proceeded to the spot and PW 7 prepared inquest report (Ext. Ka 5), Photo Lash (Ext. Ka 7), Form 33 (Ext. Ka 8) and Chalan Lash (Ext. Ka Ka.9), under the directions of the 10 and then dispatched the body for post mortem through constables Santosh Kumar and V.C.Punwa. He also prepared recovery memo of blood stained and plain earth (Ext. Ka.6). 10 also prepared site plan on 1.11.1991 and made inspection note. Concluding investigation 10 submitted a charge sheet against the appellant on 1.12.91 for offences under Sections 449/302 IPC. Chief Judicial Magistrate Hamirpur committed the case of the appellant accused to the court of Session's on 25.1.1992 which was registered as S.T. 27 of 1992.
(3.) Autopsy on the dead body was conducted on 1.11.91 at 4 PM in Government hospital Mahoba by Dr. S.M. Kaskar, PW 6 and he found following ante-mortem injuries on the corpse: 1. I.W. on (Rt.) side of chest oblique 8cm below (Rt.) clavicle 2 x I x cavity deep Rib fractured 4th rib. 2. I.W. 1.5 X 1c.m. X bone deep oblique on (Rt.) side of chest 4 cm. below Injury No. (1). 3. I.W. on (Rt.) side of chest 2 X 0.5 cm. X bone dee poblique, 5c.m back injury no(1) 4. I.W. on (Rt.) side of chest 2 X 0.5 cm. X bone deep 7cm. below injury No. (1) 6th rib cut & fractured. 5. I.W. on (Rt.) side of Abd. 2X 0.5cm. oblique muscle 1 6c.m. below injury no.( 1). 6. I.W. on (Lt.) side of chest cavity deep 1 X 0.5cm. oblique 6 cm. below. Wound end of (Ltd) clavicle. 7. I.W. on (Lt.) side of chest 3 X 0.5 cm. X bone deep 1 cm. below injury No. (7). 8. I.W. on (L.T) side of chest 1 X 0.5 cm. X cavity deep 3 cm. lot to injury No. (7). 9. I.W. 2 X 1 c.m. X bone deep (oblique 2X1 cm.) 4 cm. lat. To injury No. (8). 10. I.W. 1 X 0.5 CM. X bone deep (Lt.) side chest oblique 5 cm. above and It. To injury No. (9). 11. I.W. on outer aspect of (Lt.) upper arm 2 X 1 cm., 1 5 cm. below shoulder up. 12. I.W. on Lat. aspect of (Lt.) upper arm 3 X 2cm. Below injury No. (11). 13. I.W. on Post, aspect of(Lt.) forearm 3 X 1 c.m. X muscle deep 17 cm. below elbow. 14. I.W. on back (Lt.) side 4X2 cm. muscle deep, 10 cm. from shoulder tip. 15. I.W. on back 4X2 cm., 10 cm. below Injury No. (14) On internal examination he found that forth and sixth ribs of right side and forth and eighth ribs of left side of the deceased were fractured Chest was filled with blood and both the lungs were lacerated. Peritoneum was cut and semi digested food was present in the stomach and his bladder was empty. In the estimation of the doctor the cause of death of the deceased was shock and haemorrhage because of sustained injuries.;