- (1.) SUSHIL Harkauli, J. All the three appellants have been convicted under section 302/34 I. P. C. and have been sentenced to undergo life imprisonment by the impugned judgment and order dated 8. 9. 1982, passed by the VIII Additional Sessions Judge, Agra, in Sessions Trials No. 327 of 1980, 452 of 1980 and 441 of 1981 by a common judgment.
(2.) IN brief, the prosecution story is that on 18. 1. 1980 at about 6. 00 P. M. when the deceased, Mauji Ram, was returning to his house from the local market, he was stopped and caught hold of by accused Ram Babu and Shyam Babu and assaulted with knives by both the accused. Simultaneously, the father of the aforesaid two accused, viz. Bateshwari, and accused Cyan Singh son of Jinshi came up from behind the deceased and they also assaulted the deceased with knives. The deceased died on the spot as a result of the multiple injuries received on his person, and the accused ran away. Shyam Babu, accused, has died. The remaining three accused have been tried and sentenced, as stated above. The incident was witnessed by the daughter of the deceased, Vidya, who was accompanying the deceased and who at that time was aged about 11-12 years. The incident was also witnessed by Subedar, nephew of the deceased, who was also accompanying the deceased.
(3.) THE F. I. R. of the incident was lodged at 8. 10 P. M. on the same day at police station located at a distance of about 2 miles to the west of the spot of incident. THE Investigating Officer went to the spot at night but could not continue investigation because there was no light THE inquest report was prepared at about 7. 30 A. M. the next morning, i. e. on 19. 1. 1980 and the body sent for post-mortem. THE postmortem was conducted the next day, i. e. on 20. 1. 1980. In the post-mortem examination the following 15 injuries were found on the body of the deceased : 1. Incised wound 3/4" x 2/10" x 1/10" on the left side head 3-1/2" above left ear. 2. Incised wound 3/4" x 2/10" x muscle deep on the front of left forearm 3/4" below elbow. 3. Incised wound 2" x 9/10" x ulna bone (cut) on the back and inner of left forearm 4" below elbow. 4. Incised wound 1-1/2" x 4/10" x muscle deep on the front of right thigh 1-1/2" above knee. 5. Incised wound 1-1/2" x 3/10" x muscle deep on the inner side of left thigh 2-1/4" above knee. Stab wound 1" x 4/10" x abdomen cavity deep on the left side upper abdomen, just below subcostal margin, upper end is contused, lower end is acute nearby vertical. 7 Stab wound 2" x 3/4" x abdomen cavity deep on the front of left side abdomen 3/4" inner to injury No. 6, upper end contused, lower acute angle, loops of intestines coming out. 8. Stab wound 1" x 4/10" x abdomen cavity deep on left side abdomen 1-1/2" outer to umbilicus, upper end is contused, lower end is acute, loops of intestine coming out. 9. Stab wound 1-1/2" x 3/4" x abdomen cavity deep on the left side abdomen 1/2" outer to umbilicus, upper end is contused, lower end is acute, loops of intestine coming out. 10. Stab wound 1" x 2/10" x abdomen cavity deep on the upper abdomen at its midline 2-1/2" above umblicus, obliquely transverse, intestine abdomen 6-1/2" long obliquely from right side front of chest going the upper end of stab wound. 11. Stab wound 2" x 4/10" x abdomen cavity deep on the right side abdomen 1-1/2" outer to injury No. 10 upper end is contused, lower end is acute, intestine loops are coming out. 12. Incised wound 4/10" x 1/10" x muscle deep on the right side abdomen 3/4" middle lower to injury No. 11. 13. Stab wound 1" x 4/10" abdomen cavity deep on right side front lower abdomen just above right side anterior superior ulna spine. 14. Incised wound 1" x 3/4" x muscle deep on the outer part of left shoulder, 1" below its top. 15. Incised wound 3/10" x 1/10" x skin deep on the back of left lip upper third. 6. The Investigating Officer prepared a site plan and after completing investigation a charge-sheet was submitted. Apart from blood stained earth and plain earth being collected from the spot, a bicycle and a blanket left behind by the accused while running away were also recovered by the Investigating Officer and a recovery memo was prepared.;