- (1.) S. S. Kulshrestha and V. K. Verma, JJ. This appeal has been brought against the judgement and order dated 27th February, 1982 passed by the learned Sessions Judge, Hamirpur in S. T. No. 101 of 1981 (State v. Shri Krishan alias Tijuwa and another) whereby convicting both the accused appellants for the offence under sections 302/34 IPC and sentencing them for life imprisonment.
(2.) IT is said that the learned Trial Court has not appreciated properly the materials and evidence on record. The FIR version does not find corroboration from the medical report. IT appears that somebody else had inflicted injuries to the deceased but because of the past enmity and the dispute with regard to the agricultural property, they have falsely been roped into this case. The accused appellants were also related to the complainant and to put them into inconvenience and harassment they have been fastened into this case. At this stage it may be mentioned that Sri Raghubir, one of the accused appellants, had died during the pendency of this appeal, the appeal as against him already stood abated vide order dated 3rd July, 2007. The appeal of Sri Shri Krishan alias Tijuwa survives only. In order to facilitate the disposal of this appeal, a brief resume of the facts may be made out. As would appear from the written report, exhibit-Ka-2, registered at Police Station Jalalpur, District Hamirpur, the incident is said to have taken place on 25th December, 1980 at about 11 a. m. and its report was lodged on the same day at about 2. 45 p. m. whereas the place of incident was referred to be about 16 kms from the aforesaid Police Station. The report was lodged by complainant Sri Brindawan, P. W. 1 with the allegations that it was about 10. 00 a. m. when he along with his nephew Sri Ram Dhan was going to fields (Har) from their house and when they reached in front of the house of Sri Mohan Singh Yadav, they noticed accused appellants Sri Shri Krishan alias Tijuwa, S/o Sri Badri Yadav and Sri Raghbir Singh S/o Sri Durg Singh Yadav armed with phawra and axe respectively and they started giving blows with their weapons. Alarm was raised by the complainant himself and Sri Mohan Singh, which attracted other witness namely Sri Dharmpal. It has also been reported that there was enmity in between the accused appellants and the deceased on the point of division of the agricultural holding. That enmity turned to be grave when Sri Ram Dhan had cultivated the portion of the disputed land. The victim was lying at the place of occurrence in the state of unconsciousness and its report was lodged at the Police Station. On the basis-of the written report, FIR Exhibit-Ka-2, was registered at the Police Station and on that very date, the statement of the complainant Sri Brindawan was recorded by the Head Moharrir. Thereafter, the Investigating Officer Sri Narain Singh Rana reached at the place of occurrence at about 9. 00 p. m. where the deceased was found lying on the cot and after making arrangements the inquest report was drawn by him at the place of occurrence in the presence of the witnesses namely S/sri Mohan Singh, Dharm Pal and Shiv Ratan alias Deewan. He further proceeded to record the statement of Sri Shanker and Smt Gulab Rani, the parents of the deceased. After preparing the inquest report, Exhibit-Ka-6 and drawing necessary documents, Ex-hibit-Ka-7 to Exhibit-Ka-9, the dead body was sent for post-mortem through Constable 540, Sri Mahendra Kumar and Home Guard Sri Umar Singh to District Hospital. The Investigating Officer had further taken the samples of blood stained earth and simple earth from the spot and its fard, Exhibit-Ka-11 was also prepared. After preparing the site plan, Exhibit-Ka-12 and recording the statements of the witnesses, charge-sheet was submitted against the accused appellants. Prosecution examined Sri Brindawan, who is the complainant of this case, as P. W. 1, Sri Mohan Singh as P. W. 2 and Sri Dharm Pal as P. W. 3 who are the eyewitnesses of this incident and other formal witnesses namely Sri Ambika Prasad, who was the Head Moharrir at the relevant place and had written the FIR, Exhibit Ka-2 at the Police Station on the basis of the written report. P. W. 5 Dr. B. P. Agarwal had conducted the autopsy on the dead body of the deceased on 27th December, 1980 at about 12. 50 p. m. and found following ante-mortem injuries to have sustained by the deceased; 1. Incised wound 6 c. m. x 1 c. m. x bone deep on right side face 1 c. m. below to the right lower lid, vertical in direction, right maxilla cut. ' 2. Incised wound 8 c. m. x 2. 5 c. m. x bone deep on right side face, just below the lobule of right arm, horizontal in direction, right side mandible cut. 3. A lacerated wound 4 c. m. x 1 c. m. x scalp on right side of head 5 c. m. above the right eye brow horizontal in direction. 4. Incised wound 3 c. m. x 1 c. m. x muscle deep on posterior aspect, back of neck near the midline 2. 5 c. m. above 7th cervical vertebrae, horizontal in direction.
(3.) THE incised wound (1) 3 c. m. x. 5 c. m. x muscle deep and (2) 3 c. m. x. 5 c. m. x muscle deep in middle of back 3 c. m. below injury No. 4 horizontal in direction. Multiple abrasion in an area of 6 cm. x 4 c. m. on back of left shoulder.;