- (1.) D. K. Trivedi, J. The present Criminal Appeal arises out of the judg ment and order dated 2-7-1980 passed by the Vth Addl. Sessions Judge, Hardoi, convicting the appellants under Section 147,302/149, I. P. C. and sentencing each of them to one year's rigorous imprisonment and life imprisonment respectively in respect of an incident which is alleged to have taken place on 14-3-1977 at 7. 00 a. m. in village Bhitha Maha Singh, Police Sta tion Baghauli, District Hardoi in which one Laxman was killed.
(2.) THE prosecution case, in brief, is that the complainant as well as the ac cused persons are the residents of the same village and there is one Neem tree near a well which is situate just near the Chabutra of Chittar accused. It is alleged that the said tree was the joint property of the accused as well as the complainant. On 14-3-1977 at about 7. 00 a. m. the deceased was going to his field and as soon as he reached in front of his house, the accused persons, namely, Chittar armeh with Mungri, Shri Ram armed with Thomaria and Binda, Santu and Mool Chand armed with Lathis came out and on the instiga tion of Chittar accused-appellant, all the accused persons started assaulting the deceased with their respective weapons. On hearing the cries complainant Hori Lal (P. W. 1) and others rushed to the scene of the incident and they all saw the inci dent. It is also alleged that several other persons including Chunnu, Murli P. W. 3, Subedar and Tondey P. W. 2 witnessed the incident. It is also alleged that on their challenge the accused persons ran away. Hori Lal P. W. 1 who is the brother of deceased Laxman lodged a First Informa tion Report at police station Baghauli at 9. 15 a. m. on the same day. THE distance of the police station Baghauli from the place on the incident is about 10 kilometres. The investigation of the case was entrusted to P. W. 4 S. I. Maiku Lal. He recorded the statement of the complainant Hori Lal at the police station itself and thereafter proceeded to the scene of occur rence and on reaching there the I. O. found the dead body of Laxman in front of the house of accused Chittar in the Galiyara and prepared inquest report and other relevant papers (Ex. Ka-5 to Ka-7 ). The dead body was sealed and the same was sent for post-mortem examination through Constable Brij Kishore and Homeguard Karhiley. The I. O. further recorded the statements of the other eye witnesses. He inspected the scene of occur rence and prepared site-plan (Ex. Ka-8 ). The Investigating Officer took sample of blood-stained and plain earth Ext. 3 and 4 and a Ford in respect thereof was prepared after sealing the same Ext. Ka-9. A search for the accused was made but they could not be traced out, however, the accused persons surrendered before the Court on 15-3-1977. After completing the investigation the Investigating Officer submitted charge-sheet against the ac cused persons. The autopsy on the dead body of Laxman was conducted by Dr. A. K. Meh-rotra P. W. 6 on 15-3-1977 at 9. 45 a. m. and the Doctor found the following ante-mor-tem injuries, on the body of the deceased: (i) Lacerated crushed wound of size 18 cm. (horizontally) x 16 cm. (vertically) x brain cavity deep on left side of skull and face. The wound was extending horizontally from left ear to the mid line of nose and vertically from lower part of left ear to the top of skull. The left eye ball had been dislocated from its eye socket. The left maxilla and left side frontal, parietal and temporal bone were badly fractured and the bone fragments have drawn in their sockets. The badly lacerated brain matter was seen through the wound. The upper 2/3 of front surface of left ear was also lacerated. The left wall of nose was also lacerated. The left rains of mandible was also fractured. On seeing the wound it appeared as if there were multiple lacerated wound which had joined together and had caused such a big lacerated crushed wound. (ii) Three contusions each 1. 5 cm. x 1. 5 cm. in an area of 6 cm. x 6 cm. on back surface of left elbow. (iii) Contusion 3 cm. x 2 cm. on back surface of left shoulder. (iv) One contusion of size 37 cm. x 2 cm. slightly and obliquely placed on back surface of whole of left chest. (v) Contusion 2. 5 cm. x 1. 5 cm. on front surface of left knee.
(3.) ACCORDING to the Doctor the death was caused due to shock and haemorrhage as a result of ante- mortem injuries. The prosecution in support of its case, examined six witnesses. Out of them P. W. 1 Hori Lal, P. W. 2 Tondey and P. W. 3 Murli are the witnesses of fact. P. W. 3 Murli did not support the prosecution case, hence he was declared hostile. P. W. 4 Dr. A. K. Mehrotra, District Hospital, Hardoi, conducted post- mortem examination on the deadbody of the deceased and proved the post- mortem report Ext. Ka-2. P. W. 5 Constable Brij Kishore Tewari brought the deadbody of the deceased to the mortuary for post- mortem examination. P. W. 6 Maiku Lal, S. I. conducted investigation in the case and submitted charge- sheet against five accused persons mentioned above. The report was lodged against the appellants mentioned above as well as Shri Ram and Mool Chand. Shri Ram and Mool Chand were killed by the com plainant party during the pendency of the trial, therefore their trial stood abated against Shri Ram and Mool Chand.;