D.K. Trivedi, J. - (1.) The present criminal appeal is directed against the judgment and order dated 26-10-1979 passed by V Addl. Sessions Judge, Hardoi convicting the appellants under Section 302/34 I.P.C. and sentencing each of them to undergo Imprisonment for Life in connection with an incident which is alleged to be taken place on 17-9-1978 at 4.30 P.M. in village Karta, P.S. Harpalpur, District Hardoi.
(2.) It is alleged that the accused persons as well as the complainant live in village Karta and about 181/2years before this incident, the deceased (Shyam Lal) lodged the cattle of the accused in the Cattle-pound and therefore, the accused persons bore ill-will against the deceased (Shyam Lal). It is also alleged that the accused assaulted Barkaunu who lodged a report about this occurrence at P.S. Sandi, Hardoi. It is further said that one and a half months prior to this incident the cattle of accused Nahar were grazing the paddy crop standing in the k; plot of Barkaunu, the complainant and then the complainant impounded the cattle of accused Nahar at the Cattle-pound of Aureni. It is the case of the prosecution that accused Nahar had threatened Barkaunu Lal, the complainant tor lodging his cattle in the Cattle-pound of Aureni and had also said that he would teach him a lesson. The prosecution case further is that on 17-9-1978 at about 4.30 P.M. the bullocks of Shyam Lal (deceased) were tied with the pegs fixed near the chami situated on the plot of Rajendra. It is said that the accused persons came there and untied the bullocks and tried to take away their bullocks to the cattle-pound. Shyam Lal (deceased) stopped the accused from taking away his bullocks and he raised hue and cry and further he tried to snatch his bullocks from the accused Nahar and Ram Kumar. It is said that there was a grapling between the accused persons and Shyam Lal (deceased) and in the meantime the witnesses also reached there. It is further alleged that Ram Kumar instigated accused Nahar to kill Shyam Lal and on this accused Nahar gave a blow with his kick on the scrotum of Shyam Lal as a result of which Shyam Lal fell down on the ground and it is said that thereafter, accused Ram Kumar and Nahar started beating Shyam Lal with the Hura of Lathi with which they were armed at that time. On being challenged by the witnesses accused Ram Kumar and Nahar ran away from the place of the occurrence. The witnesses reached there and found the deceased (Shyam Lal) alive, therefore, the deceased (Shyam Lal) was brought to his village but he succumbed to his injuries, after some time. The F.I.R. of this incident was lodged on 17-9-1978 at about 8 P.M. at P.S. Harpalpur, District Hardoi by Barkaunu Lal son of Shyam Lal. The distance of the police station Harpalpur from the place of the incident is about six miles. On receipt of the report the case was registered and the investigation was handed over to P.W.7, S.I. Sharma Dutt Tyagi who reached the place of the incident and prepared an inquest report (Ext. Ka.4) and other relevant papers (Ext. Ka-5 and Ka-6) and sent the dead body to mortuary through constable Nanhey Lal. P.W. 8. The investigating Officer thereafter recorded the statements of the witnesses and prepared the site plan Ext. Ka-7. He also received the Cattle-pound receipt and also recorded the statement of P.W.5 Sadho Ram who was Pound-keeper of the Cattle pound Aureni. After completing the investigation, he submitted the charge-sheet against the accused persons.
(3.) P.W. 6 Dr. A.K. Mehrotra conducted the autopsy on the dead body of deceased Shyam Lal on 19-9-1978 at about 4.30 P.M. The doctor found the following ante-mortem injuries on the dead body of deceased Shyam Lal: (i) Contusion 4 cm. x 2.5 cm on front and outer surface of middle ⅓rd of right fore-arm. (ii) Contusion 6 cm, x 3.5 cm. on the outer surface of right side of chest in its lower part over 6th, 7th and 8th ribs region. (iii) Contusion 3 cm. x 1.8 cm. on left side of chest 7 cm. from left nipple at 5 oclock position. (iv) Abrasion 2 cm. x 2 cm. on outer surface of right elbow joint. (v) Contusion 5 cm. x 5 cm. in supra pubic region in the mid-line.;