Mohd. Hamid Hussain, J. - (1.) THESE are two connected appeals. Criminal Appeal No. 2205 of 1972 is by Ram Asrey and Hori Lal. Criminal Appeal No. 2277 of 1:972 is by Shyam Lal alias Shyam Kumar and Prem Gond. All the four appellants were tried in Sessions Trial No. 146 of 1971 and the learned Sessions Judge by his judgment and order dated 1-8-1972 has convicted Ram Asrey and Hori Lal under Section 326/34 IPC and sentenced each of them to 5 years R. I. Ram Asrey has further been convicted under Section 323 IPC and sentenced to one year's R. I. Both the sentences of Rani Asrey have been directed to run concurrently. Appellants Shyam- Lal and Prem Gond have been convicted under Section 302/34 IPC and each of them has been sentenced to imprisonment for life.
(2.) THE prosecution case, in brief, was that Tikori had taken a loan from appellant Shyam Lal which he did not repay and on account of it there was verbal altercation and Shyam Lal bore enmity towards Tikori. In this back ground of enmity the prosecution case is that on 23-10-1970 at about 9 p.m. while Tikori along with Ram Lakhan (PW 1) was returning to his house and had reached near the Pokhara of Sakul-dhara, the four appellants suddenly emerged from the lane. At that time Ram Asrey and Hon Lal were each armed with Lathi and Shyam Lal and Prem Gond were each armed with Gandasa. THE first to be assaulted was Ram Lakhan who received a Lathi injury on his head. Ram Lakhan and Tikori tried to run but Tikori was over taken at a distance of about 100 paces and surrounded and assaulted by the four appellants. As a result of the alarm witnesses Sheo, Bhola and Baddhu arrived at the scene. THE appellants ran away. As a result of the injuries Tikori had fallen and become unconscious. Tikori was taken on a rikshaw by his brother Jhanna (PW 5) and Ram Lakhan (PW 1) to the S. S. Gupta Hospital. Other witnesses, including Buddhu, accompanied the injured to the hospital. Dr. D. N. Srivastava (PW 2) on 23-10-1970 at 9.30 p. m. medically examined the injuries suffered by Tikori and noted the same in the injury report Ex. Ka-4 prepared by him. Tikori could not survive and died an hour later in the hospital. THEreafter a report was scribed by Buddhu on the dictation of Ram Lakhan (PW 1) who took it to the police Station Behlupur which was at a distance of 4 furlongs from the scene of occurrence. On the basis of the written report Head Constable Jagannath Pandey (PW 6) on 23-10-1970 at 11.45 p.m. registered a case under Sections 302/323 IPC against the appellants. Investigation was taken up by Sub-Inspector P. N. Rai (PW 12) who interrogated the witnesses and reached the scene of occurrence and prepared the site plan Ex. Ka-32. Sub-Inspector Pashupati Nath Pandey (PW 9) held the inquest. Injured Ram Lakhan was medically examined on 24-10-1970 at 9.15 a. in. by Dr. Hari Shankar Rai (PW 3) who prepared injury report Ex. Ka-6. Post-mortem examination on the dead body of Tikori was conducted on 24-10-1970 at 1 p.m. by Dr. B. K. Bharadwaj (PW 7) who prepared the postmortem examination report Ex. Ka-10 wherein he noted 10 ante-mortem injuries consisting of 7 incised wounds and 3 abrasions. In the opinion of Dr. Bharadwaj the probable age of the victim Tikori was 40 years and his death was the result of shock and haemorrhage as a result of injuries on the head and neck.
(3.) THE appellant remained absconding and proceedings under Sections 87 and 88 CrPC were initiated against them and thereafter the appellants surrendered in court. Appellants pleaded not guilty. The defence of appellant Prem Gond was of alibi in support of which he examined three defence witnesses, Pyare Lal (DW 2) and B. N. Lal Srivastava (DW 3). The remaining three appellants Ram Asrey, Hori Lal and Shyam Lal denied their participation in the occurrence.;