Roy, J. - (1.) CHET Ram (60) and Kripa Ram (41) son of Chheda Lal, Shyam Shanker (62) son of Ram Ghulam and Shyam Singh (28) son of Manna all residents of village Keontra within police circle Auraiya in district Etawah have been convicted for rioting and for causing the death of one Hub Lal. Chet Ram has been sentenced Under Section 147, IPC to two years' rigorous imprisonment and Under Section 302 read with Sections 34 and 149, IPC to death. Kripa Ram and Shyam Singh have been sentenced Under Section 148, IPC and Shyam Shankar Under Section 147, IPC and each sentenced to two years' rigorous imprisonment. Each of the three has further been sentenced to life imprisonment Under Section 302, IPC read with S. 34,149 & 114, IPC. These convicted persons have appealed against their convictions and sentences. Along with the appeal, we have before us the usual reference of the learned Addl. Sessions Judge of Etawah for the confirmation of the death sentence of Chet Ram.
(2.) TWO others Mutkan, brother of Shyam Singh accused and Sookham, residents of the same village were also alleged to have taken part in this crime, but they are fugitives from law and are said to be still absconding The deceased Hub Lal aged about 60 years was by caste a Mallah and he lived in village Bhadora about two miles to the west of village Keontra. The prosecution alleged that he was murdered by the accused on 30 -9 -1956 a little before midday for the simple reason that Hub Lal who was summoned as a prosecution witness for appearance in court on 20 -10 -1956, in a complaint case brought by one Sheo Prasad against Chet Ram, Shyam Singh and Mutkan Under Section 440, IPC was adamant in giving evidence in the case and was not listening to the behests of the accused persons not to figure as a witness. In the back ground of that motive it is said that on 30 -9 -1956 at about midday, when Hub Lal was working on his field at a distance of about 3 furlongs to the east of village Bhadora in the company of his son -in -law Soney Lal PW 1 and a labourer Ram Shankar PW 2, Chait Ram Appellant along with the two absconders Mutkan and Sookham approached him and told him that they wanted to talk to him in private and that he should send away Soney Lal and Ram Shankar. In deference to their wishes, Soney Lal and Ram Shanker moved away to a Babul tree at a distance of about 30 paces from there. Chait Ram, Mutkan and Sookham talked to Hub Lal for some time. Then all of a sudden, an attack was lodged on Hub Lal by these three persons, who were respectively armed with lathi, spear and Gupti. Soney Lal and Ram Shanker on seeing the attack ran towards that side after raising an alarm. It is said that at that moment, Kirpa Ram Appellant armed with a Kulhari, Shyam Shanker Appellant armed with a lathi and Shyam Singh Appellant armed with a spear came out of the Bajra field of Hub Lal and shouted at Soney Lal and Ram Shanker that they should beware and that if they advanced a step further, they would be killed. These two persons got afraid and they did not, therefore, go forward. It is said that Har Sukh PW 4, Sheo Narain PW 3 and Nakesy who were in the neighbouring field and who saw this marpit also raised an alarm, and then the accused persons escaped to their village Keontra and whilst escaping Mutkan tauntingly addressed Hub Lal and said: "Now give evidence in God's house." Hub Lal died at the spot. The Chaukidar was called and in his company Soney Lal went to police station Auraiya, situate at a distance of about 6 miles from the place of occurrence, and lodged the first information report on the same day at 3 p.m. The report was obviously made without any delay. It was taken down by Head Constable Abdul Aziz Khan PW 9 in the presence of Sub -Inspector B. L. Chaturvedi PW 12, second officer of the thana who proceeded to the place of occurrence reaching there at about sun set. He found the dead body lying on the scene of occurrence. There was blood at the spot which he scraped from the ground and which he sealed up in a container in the presence of Ram Dayal and Ram Ratan PW 5. He prepared the inquest report and sent away the dead body to the mortuary at Etawah for post mortem examination. On the same night at about 11 or 12, he recorded the statements of Soney Lal, Ram Shankar, Sheo Narayan and Neksey and on the morning of 1 -10 -1956, he recorded the statement of Harsukh. On 1st of October, he prepared the site plan Ext. P7 which was supplemented by another site plan Ext. P7/1 prepared by him on 19 -4 -1957, In the morning of 1 -10 -1956, he went to village Keontra in search of the accused but he could not find them till 10 in the night. He returned back to the police station on 2 -10 -1956 at 6 a.m. when he deposited there the blood stained earth. On 5 -10 -1956, the investigation was handed over to Sub Inspector Hirdey Ram Misra PW 13, Station Officer of the Police station. He too made a search of the accused persons but could not find them. He reported for action being taken against them Under Section s. 87 and 88, CrPC, and when Chait Ram and Kirpa Ramsurren dated on 10 -10 -1956 and Shyam Shanker on 12 -10 -1956, he submitted the charge sheet, on 22 -10 -1956. Shyam Singh Appellant surrendered thereafter. The post mortem examination was conducted on 1 -10 -1956 by Dr. B. L. Agrawal, the Civil Surgeon of Etawah and it revealed that Hub Lal had the following injuries on him: (1) Incised wound 2 3/4"X1/2" bone deep on right side of top of head, vertically placed about 4" about right ear. (2) Contusion 2"X1 1/2" on right side of face lower part and lower jaw region and comminuted fractures of right upper and lower jaw bones. (3) A small contusion 3/4 "X1/2"X lip deep on right side of lower lip. (4) Penetrating wound 1 1/4"X1/2"X abdomen deep on the right side of abdominal wall, about 3" above and to right of navel. (5) Contusion 6"X1 1/2" on right side of neck lower part and right side of chest upper part, front.
(3.) THE internal examination disclosed that there was a fissured fracture of frontal and right parietal bones measuring about 3 1/2" in length under injury No 1. Under injury No. 5 the right 1st, 2nd, 3rd, 4th and 5th ribs were found fractured at their anterior portion. The liver was found penetrated through and through in its right lobe. In the opinion of the Civil Surgeon, death was due to fracture of the frontal and parietal bones of head and the penetrating injury into the liver resulting in haemorrhage and shock and coma. The Civil Surgeon was of opinion that injuries Nos. 1 and 4 taken individually had been sufficient in the ordinary course of nature to cause death. According to the Civil Surgeon, injury No. 1 (which as stated by the eye witnesses was caused by Mutkan with a spear) could have been caused by the edge of a spear head: and injury No. 4 (which according to the eye -witnesses was caused by Sookham with his Gupti) could have been caused by any sharp penetrating weapon like spear or a Gupti. The Civil Surgeon was not asked as to how the injuries Nos. 2, 3 and 5 could have been caused; but considered in the light of the statement of Soney Lal PW 1, Ram Shanker PW 2 and Sheo Narain PW3 injuries Nos. 2 and 5 were caused by the lathi of Ghait Ram and injury No. 3 by a fall.;