- (1.) P. K. Jain, J. Appellants, Kripa Shankar. Uma Shankar s/o Pratap Singh, Pratap Singh s/o Gur Dayal Singh and Radhey Shyam s/o Har Prasad, all resi dents of village Arusun, P. S. Sikandra, district Kanpur, have preferred the present appeal against the judgment and order dated 19-2-80 passed by Sri L. R. Kohli, the then IInd Addl. Sessions Judge, Non-Metropolitan Area, Kanpur, convicting all the appellants under Section 302 read with Section 34, IPC and Section 324 read with Section 34, IPC and sentencing each of them to undergo imprisonment for life under Section 302/34, IPC and three years RI under Section 324/34, IPC.
(2.) THE incident is said to have oc curred on 4-6-77 at about 6. 00 p. m. It is alleged that four months prior to the present incident, Pratap Singh, Shankar and Kripa Shankar had caused harm to the standing crops of the first informant Ravindra Kumar Yadav. Complainant's father, Mijaji Lal, was threatened by the accused persons. Some time thereafter complain ant's brother, Darshan Singh and father Mijaji Lal were going to reap the crops, they were assaulted by the said persons. A report was lodged about that incident by Mijaji Lal. Around two months prior to the present incident some villagers intervened and a compromise was arrived at but the accused party was harbouring grudge against the complainant and his father. On 4-6-77 at about 6. 00 p. m. Mijaji Lal was standing in front of his house. Kripa Shankar armed with Barchhi came there and teased Mijaji Lal whereupon Mijaji Lal abused him. Kripa Shankar called his brother, Uma Shankar, father Pratap Singh and party-man Radhey Shyam and exhorted "aaj shala kana make se mila hai jaan se mar do. " THEreupon Uma Shankar and Kripa Shankar assaulted the deceased with Barchhi and Pratap Singh and Rad hey Shyam assaulted Mijaji Lal with Kanta. On the alarm, complainant, Ravin-dra Kumar Yadav, his uncle Daya Shankar and cousin brother Darshan Singh rushed to rescue Mijaji Lal but they too were as saulted. THE accused persons killed Mijaji Lal on the spot. Daya Shankar, Darshan Singh and Ravindra Kumar Yadav sus tained injuries in the said incident. THE incident was witnessed by Mahadeo, Roop Singh and Anokhey Lal and many others. Written first information report, Ex. Ka-5, was scribed by Ravindra Kumar Yadav, which was lodged at police station Sikandra on 5-6-77 at 12. 30 a. m. the po lice station being 9 miles away from the place of incident. Investigation of the case was taken up by PW-10 Sri Ranvir Singh Solanki who was then S. O. Police Station Sikan dra. He interrogated Ravindra Kumar Yadav, Daya Shankar and Darshan Singh and thereafter proceeded to the place of occurrence. On reaching the place of oc currence he inspected the dead-body and sealed it and held inquest on the dead body. From the place of occurrence he had taken sample of plain and bloodstained earth. He inspected the place of occurrence and thereafter interrogated witnesses, Moti Lal and others. On 6-7-77 he submitted charge sheet against the appellants after completing the investigation.
(3.) INJURED Daya Shankar and Darshan Singh were medically examined by Dr. Prasad (PW-11) on 5-6-77 at 6. 00 a. m. and 6. 40 a. m. respectively. Ravindra Ku mar Yadav was medically examined by the same doctor on 5-6-77 at 3. 00 p. m. Following injuries were found on the person of each of the three injured:- Daya Shankar (1) Ail incised wound 5 cm. x 1 cm. x bone, on the top and right side head, 12 cm. above the right ear with its margins clean-cut, regular, inverted and bruised. (2) Lacerated wound 1. 5 cm. x 05 cm. x skin deep, on the left side of the face, 1 cm. below the lobule of the left ear, with margins irregular and torn. (3) Punctured incised wound, 3 cm. x 1 cm. on the chest, 15 cm. below the supra ster nal knoctch, with margins clean cut, regular and inverted. (4) Incised wound, 1 cm. x 0. 25 cm. on the right side of the back, 29 cm. below the upper border of the right scapula, with clean cut and everted margins communicating with wound No. 3 which has been described as wound of entry and this on ft as wound of exit. (5) Abrasion 6 cm. x i cm. on the top of the right shoulder. (6) Incised wound I cm. x 0. 25 cm. mus cles deep, on the out. . . . . . . . of the left thigh.;