D. S. Tripathi, J. - (1.) Appellants have assailed the judgment and order dated 25.03.1982/26.03.1982 passed by III Additional Sessions Judge, Rae Bareli in Sessions Trial No.265 of 1981 (State Vs. Ram Lal and others) arising out of Case Crime No.176 of 1979, under Section 308 IPC, P.S. Nasirabad, District Rae Bareli, by which appellants have been convicted under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment.
(2.) Prosecution case, in brief, is that informant - Gaya Deen Singh S/o Ram Sewak Singh, resident of Village Kutiya, Police Station Nasirabad, District Rae Bareli submitted written Tahrir (Ext. Ka-6) in Police Station Nasirabad, District Rae Bareli, narrating therein that his brother Hari Singh was taking canal water in his field on 15.09.1979 at about 1:00 P.M. Accused Ram Lal and his niece, Kalika Singh and Chandra Bhan Singh came there with LATHI, FARSA and FAWDA in their hands and asked his brother, why he has taking canal water in his field. His brother replied that they may divert the water to their field, after he irrigates his field. Accused persons insisted upon to divert the canal water to their field. Altercations took place between his brother and accused persons when they diverted the canal water to their field, forcibly. His brother slapped on accused Chandra Bhan Singh and thereafter all the accused persons started beating Hari Singh with LATHI, FARSA and FAWDA, in which serious injuries were caused to him. Hearing noise of Hari Singh, witnesses Baijnath, Lal, Shamsher Singh and Shyam Lal came there and accused persons ran away from the spot.
(3.) On the basis of aforesaid written Tahrir of informant, Chik FIR was prepared and Case Crime No.176 of 1979 was registered under Section 308 IPC against accused persons on 15.09.1979 at 14.55 and entry of the case was made in the general diary of the police station. Injured Hari Singh was medically examined by Dr. G.K. Srivastava and injury report (Ext. Ka-4) was prepared by him. Injured succumbed to injuries received in the incident on the same day at 5.30 P.M. Thereafter, case was converted under Section 304 I.P.C. Inquest report (Ext. Ka-8) was prepared by Sub-Inspector Sri Daya Shankar Pandey. Challan Lash, Photo Lash, letter to CMO, letter to R.I. was also prepared and dead body of the deceased was transmitted to mortuary for postmortem. Postmortem on the dead body of the deceased was conducted by Dr. Surendra Singh (PW-6) and postmortem report (Ext. Ka-7) was prepared. Further investigation of the case was conducted by Sub-Inspector Sri Suresh Ram Suman (PW-8) who inspected the place of occurrence and site plan (Ext. Ka-14) was prepared by him. Sample of plain and blood stained earth was taken from the spot and the same was sent for chemical examination by Forensic Science Laboratory. Accused persons were arrested by Investigating Officer (hereinafter referred to as the 'I.O.'), during the course of investigation. Statement of witnesses were recorded by the I.O. and after collecting evidence during the course of investigation, charge sheet (Ext. Ka-17) under Section 304 I.P.C. was submitted by him.;