Shiv Shanker, J. - (1.) INSTANT criminal appeal has been preferred against the judgment and order dated 10.1.1997, passed by Additional Sessions Judge, Ist, Sonbhadra in Sessions Trial No. 24 of 1995, State v. Ram Chander and Prabhawati Devi, thereby convicting and sentencing the appellants under Section 302, I.P.C. read with Section 34, I.P.C. for life imprisonment.
(2.) PROSECUTION case in nutshell is that P.W. 1 Nagendra Prasad Jaiswal, son of Rajaram Jaiswal got the F.I.R. registered on 30.11.1994 at 12.15 p.m. regarding occurrence dated 30.11.1994 at about 10.30 a.m. in the concerned Police Station, Chopan district Sonbhadra against both the above appellants by stating that one Bhola, son of Rachik Naie of his village served at Lucknow. His sons namely Ramdhani and Ram Chander (present appellant) also lived with him at Lucknow. Appellant Ram Chander was a man of criminal nature. He used to roam in the village showing knife to the people and claimed to be a goonda of Lucknow. Ram Chander accused had demolished 'Mend' of the field of informant ten days prior to the incident, due to which, the informant had scolded him at that time. Consequently he became angry. One day before the occurrence at about 8 a.m., Ram Chander and his mother Prabhawati Devi (both appellants) had arrived at the house of informant and his wife Smt. Sheela Devi was abused on the ground that they were defamed by her, upon which they were scolded by her and Ram Chander (appellant) was beaten with slippers (chappals) two times by her. Thereafter, both the appellants went away from there abusing informant's wife and giving threatening to face dire consequences within 24 hours. It is alleged that on 30.11.1994 at about 10 a.m., Smt. Sheela Devi, (deceased) alongwith her daughter Km. Archana (P.W. 3), Km. Sangeeta, daughter of Baijnath and Smt. Reeta daughter of Bhola Gupta had gone to take the bath in the river Durhul. At about 10.30 a.m. the informant and Tribhuvan (P.W. 2), and Tulsi Prasad (P.W. 4) of his village were also going to take bath in the said river and when they reached near the river, they saw that Ram Chander appellant was assaulting and inflicting knife injuries to Smt. Sheela Devi and his mother Prabhavati Devi was catching hold hairs and hands of the deceased. On this, they challenged both the accused persons. Thereafter, they fled away from there towards the east through the path-cover of hill. When they reached at the ghat of river, they saw that wife of informant had died due to sustaining injuries and her dead body was lying in pool of blood. All the three girls were weeping and they told that both the accused persons had killed the deceased. They also told that when they wanted to run away from there, the appellant Ram Chander had extended threatening not to go anywhere otherwise they would also be killed. Thereafter, several persons also assembled there after the incident. After leaving the dead body of deceased at the place of occurrence, the informant lodged the F.I.R. Ext. Ka-1 against the above accused persons and investigation of this case was entrusted to S.O. Sri B. L. Nirmal who reached at the place of incident and prepared the inquest report etc. Ext. Ka-5, Exts. Ka-6 to Ka-9. After sealing the dead body, it was entrusted to the concerned constable for conducting autopsy. The Investigating Officer took blood stained and simple earth from the place of incident and the same was sealed in separate containers and its fard Ext. Ka-10 was prepared. One saree, one peticote, a pair of havai chappal and one sabundani etc. of deceased were lying there which were taken into possession and were sealed in a bundle and its fard Ext. Ka-11 was prepared. On 1.12.1994, accused Ram Chander and Prabhawati Devi were arrested by the police. At the time of arrest, the accused Ramchander was wearing an open blood stained shirt of tericot and one baniyan which were taken into possession and were sealed in one bundle and its fard Ext. Ka-12 was prepared.
(3.) THEREAFTER, Ram Chander accused admitted his guilt after his arrest and blood stained knife was also recovered at his pointing out which was thrown in the back side of the hill. The said knife was sealed in one bundle and its fard Ext. Ka-13 was prepared. P.W. 7 Dr. S. B. Singh conducted autopsy on the dead body on 1.12.1994 at about 11 a.m. the following ante-mortem injuries were found on the person of deceased : "(1) Incised wound 3 cm. x 1/2 cm. x bone deep on left side of head 5 cm. above the left ear, margin regular cleancut oblique direction. (2) Punctured wound 3-1/2 cm. x 1/2 cm. x 6-1/2 cm. on left side of neck related to left clavicle 4-1/2 cm. outer to the inner end of left clavicle in supra clavicle space lung incised. (3) Punctured wound 1, 1/2 cm. x 1/2 cm. x 1, 1/2 cm. on left side of abdomen just below the last rib margin cleancut regular transverse direction. (4) Punctured wound 1, 1/2 cm. x 1/2 cm. x 6-1/2 cm. on left side of chest 3-1/2 cm. medial to the left neeple, margin cleancut regular piercing in 4th intercortal space, pericardium and (Right vertical) about 15 ml. black blood present in pericardium and heart. (5) Incised wound 2 cm. x 1/2 cm. x bone deep on upper part of outer side of left upper arm, 3 cm. below the left shoulder joint, margin cleancut regular, oblique direction. (6) Incised wound 1 cm. x 1/2cm. x muscle deep on upper part of back of left upper arm 3 cm. below the apex of left axilla. Vertical direction. (7) Punctured wound 2 cm. x 1/2 cm. x 5-1/2 cm. in left side of back of chest 3-1/2 cm. above the left angle of scapula, margin cleancut, regular transverse direction, medial to the medial margin of left scapula, enter the 4th uprooted space of left side of lung. (8) Punctured wound 2 cm. x 1/2 cm. x 5 cm. on rt. side of back of chest 3 cm. above the inferred angle of rt. scapula margin cleancut, regular, transverse direction, bleeding present also bleeding present in Inj. No. 7. (9) Punctured wound 2-1/2 cm. x 1/2 cm. x 7 cm. left side of back 8 cm. above and behind the Anterior Superior iliac spine margin cleancut, regular, perforate the upper end of left kidney back clotted blood present vertical direction. (10) Punctured wound 2 cm. x 1/2 cm. x muscle deep on left gluteal region, margin regular cleancut 11 cm. below and behind the left anterior iliac spine, oblique direction. (11) Punctured wound perforating 2-1/2 cm. x 1/2 cm. x through and through in front of left palm web between left thumb and left index finger, margin cleancut, regular and inverted showing root of entry 2 cm. x 1/2 cm. x through and through on back palm between left thumb and left index finger (phalinx 3 1/2 cm. below the left wrist joint, margin cleancut, regular averted showing and out of Exit." ;