N. S. Gupta, J. - (1.) THIS criminal appeal is directed against the judgment and order of conviction dated 4.3.1994, passed by Sri R. G. Shukla, the then Additional Sessions Judge, Kannauj, district Farrukhabad, convicting the accused-appellant Parshuram under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.
(2.) THE prosecution story briefly stated is as follows : THE complainant Vermadeen, who is since dead, was the unfortunate father of the deceased Ram Bilas (aged 13 years) and husband of deceased Maikinna (35) who were brutally killed by means of knife by his own nephew Parshuram, the accused-appellant before this Court, on the intervening night of 28/29.9.1991, at about 1.00 a.m. on the roof of his house situate in village Horapurva, hamlet of Mauja Bakhra, police station Thathia, district Farrukhabad, because of the greed for property. THE prosecution maintained that on the fateful night of the occurrence, the deceased Ram Bilas and Smt. Maikinna were sleeping on the roof of their house situate in village Horapurwa. THE accused-appellant on one hand and the complainant and deceased persons on the other hand were living in one and same house, the courtyard of which was partitioned by means of a wall. It was the last week of the month of September, which is known as the month of Kunwar in Hindi and during which month the shine of the moon probably remains at its highest peak. THE accused-appellant Parshuram wanted to grab the landed property of the complainant Vermadeen. THE deceased Ram Bilas was the only son of the complainant. On the intervening night of 28/29.9.1991, at about 1.00 a.m. the accused-appellant assaulted Ram Bilas and his mother Smt. Makinna by means of a knife and caused a number of incised wounds on their persons because of which Ram Bilas succumbed to his injuries right on the morning of 29.9.1991 at about 8.30 a.m. at Fatehgarh hospital, district Farrukhabad and Smt. Maikinna succumbed to her injuries after about three days on 2.10.1991 at about 9.15 a.m. at Fatehgarh Hospital, district Farrukhabad. THE prosecution claimed that Sri Gaya Prasad, P.W. 1 was the next door neighbour of the deceased and the accused-appellant, P.W. 2, Sobhran and P.W. 3, Ganga Charan were also their close neighbourers. Hearing the hues and cries of the injured persons, Gaya Prasad, P.W. 1 who was sleeping on the roof of his house saw the occurrence with his own eyes. P.W. 2, Sobhran and P.W. 3, Ganga Charan had also seen the occurrence. When on hearing noise, the neighbourers collected and challenged the accused-appellant, the accused-appellant jumped from the roof towards the east-south of his house and ran away hiding himself in the fields where Cherry crop was standing. THE villagers tried to chase and apprehend the accused-appellant upto a few paces, but the accused-appellant escaped. A written report Ex. Ka.-1 about this occurrence was lodged by Vermadeen at police station Thathiya on 29.9.1991, at about 3.30 a.m. The police station lay at a distance of about seven and half Kms. from the scene of occurrence. The complainant took his injured son and wife first to police station, where he lodged the aforesaid report. He was thereafter sent to Fatehgarh Hospital by means of a tractor, where Dr. S. B. Singh, P.W. 9 examined the injured Smt. Maikinna and found her position as under : Injuries of Smt. Maikinna : (1) Stabbed wound 3.0 cm. 2.0 cm. 5.0 cm. deep over Rt. hypochondrim, 3 cm. lateral to mid line, filled with semi-clotted blood. (2) Stabbed wound 1.0 cm. 0.5 cm. 2.0 cm. deep over Rt. side chest in mid axillary line in Vintercostal space. (3) An incised wound 4.0 cm. 1.0 cm. muscle deep over lateral aspect of Rt. knee. (4) An incised wound 3.0 cm. 1.0 cm. muscle deep 4.0 cm. below injury No. (3). (5) An incised wound 2.0 cm. 0.5 cm. muscle deep over left side back, 1.0 cm. lateral to mid dorsal line at level of inferior angle of scapula. Dr. S. B. Singh, kept injury Nos. 1 and 2 under observation and referred to them to surgeon. He found rest of the injuries simple and opined that they were all caused by means of sharp-edged pointed weapons. They were found fresh at the time of examination. He opined that these injuries could have been caused on the night of the occurrence at about 1.00 a.m. He stated that at the time of her medical examination, Smt. Maikinna was speaking. Dr. S. B. Singh (P.W. 9) stated that the condition of Ram Bilas (deceased) was quite serious. His treatment was immediately started. He was given life saving drugs, but succumbed to his injuries at about 8.30 a.m. On the basis of the F.I.R., Ex. Ka.-1, lodged by the complainant, Case Crime No. 178 of 1991, under Section 307, I.P.C. was registered at police station Thathiya, P.W. 6, Sri Charan Singh Tomer, who was then posted as Sub-Inspector of Police at police station Thathiya was present at the police station at the time of lodging F.I.R. He immediately recorded the statement of Beche Lal scriber of the F.I.R. (P.W. 5) and complainant Vermadeen right at the police station. He also recorded the statement of Ram Bilas and Smt. Maikinna and sent them for medical examination to P.H.C. Thathiya and then to the District Hospital, Fatehgarh, district Farrukhabad, where the deceased Ram Bilas and Smt. Maikinna succumbed to their injuries on 29.9.1991 and 2.10.1991 respectively.
(3.) S.I. Sri Charan Singh Tomer, P.W. 6, inspected the scene of occurrence on the pointing out of Gaya Prasad, P.W. 1 and prepared site plan, Exh. Ka.-5. He recovered blood-stained and simple earth from the roof of the complainant and prepared recovery memos about the same. He recorded the statement of Sobhran, P.W. 2. After coming at the police station he came to know about the death of Ram Bilas. He, therefore, converted the case under Section 302, I.P.C. Subsequent investigation into the matter was conducted by S.I. Jai Singh, who submitted the charge-sheet against the accused-appellant. The case was committed to the Court of Session by the Chief Judicial Magistrate, Farrukhabad on 4.2.1992. A charge under Section 302, I.P.C. was framed against the accused-appellant on 23.5.1992 by Sri Krishna Kumar, the then Additional District and Sessions Judge, Kannauj. The accused-appellant pleaded 'not guilty' and claimed trial. He denied to have assaulted the deceased Ram Bilas and Smt. Maikinna and showed his ignorance as to how they were killed and had died. He stated that he was falsely implicated into this case due to enmity and partibandi. He did not adduce any oral evidence in his defence. However, an extract of Khatauni showing the mutation of name of the Ram Ratan, son of Vermadeen under orders of Land Revenue Inspector in place of Vermadeen was filed.;