- (1.) M. K. Mittal, J. This appeal has been preferred by Krishna Kumar son of Binda Charan, Bhikam Lal son of Ganga Charan and Sukhdeo son of Ram Swaroop, all residents of village Roshanabad, PS. Bangarmau, district Unnao, against the judgment and order dated 5. 9. 1981 passed by Sri V. C. Jain, the then Sessions Judge, Unnao, in Session Trial No. 66 of 1981 whereby he found the appellants guilty and convicted appellant Krishna Kumar under Sections 302, IPC, 324, IPC and 323/34. IPC and the accused appellants Bhikam Lal and Sukhdeo under Sections 302/34, IPC, 324/34, IPC and 323, IPC and sentenced them to undergo life imprisonment, one year's R. I. and three months R. I. respec tively under the said sections. He further directed that all the sentences of each accused shall run concurrently.
(2.) BRIEF facts of the case are that Raja Ram son of Dulare, resident of Roshnabad lodged oral report at police station Bangarmau the distance being 10 miles from the place of occurrence on 1. 12. 1980 at 9. 15 a. m. According to the prosecution case, about one year prior to this incident when the wife of his brother Ram Swaroop had gone to take fodder from the field and was returning after taking fodder, Krishna Kumar in order to outrage her modesty had caught her but in order to avoid disrepute, the report was not lodged. However, Ram Swaroop had scolded Krishna Kumar. Krishna Kumar had also abused Ram Swaroop and had threatened him and in that connection a report was lodged at the police station. Later in the month of Jeth, the accused Krishna Kumar and others had also cut the 'khinni' tree of the informant and had taken its wood etc. but because of fear, no report was lodged. Since then Krishna Kumar and others had been nurturing enmity with the informant. He had a boring about one and half furlong towards south of the village and in order to irrigate the field had taken the engine in a bullock cart one day prior to the incident. In order to watch the engine, the informant alongwith his cousin Mansha Ram and Nanhey Lal tarted sleeping in the field. On the night of incident i. e. 30. 11/1. 12. 1980 the informant, Mansha Ram and Nanhey Lal ere sleeping near the bullock cart after spreading 'paia' and a burning lntern was hanging on the bullock cart. At about 11. 00 p. m. , the ac cused Krishna Kumar, Bhikam Lal and Sukhdeo came there. Sukhdeo and Bhikam had lathi and they pressed it on their neck as a result of which they woke up and raised alarm. Krishna Kumar who was having knife gave knife blows to Mansha Ram and when the informant tried to apprehend them, Krishna Kumar gave knife blow to the informant also. On the alarm raised by them, Shiv Lal, Beche Lal and other villagers, flashing their torches, came. They challenged them and then the accused ran away towards south. After some time, Mansha Ram succumbed to the injuries received by him. The informant could not go to lodge the report in the night due to fear. In the morning, he alongwith Nanhey Lal came to the police station and lodged report. Constable Nathoo Singh P. W.-7 was posted as constable clerk at the police station Bangarmau on 1. 12. 1980. He prepared the chick report on the dictation as given by Raja Ram. He also took the thumb impression of Raja Ram after completing the report. The witness proved report Ex. Ka 1. The case was registered in the G. D. at rapat No. 15 at 9. 15 a. m. The witness proved the copy of the G. D. Ex. Ka 6. He sent special report through constable Zaheer Alam to the officers vide G. D. report No. 19 at 12. 10 p. m. He proved copy of the G. D. Ex. Ka 7. He also prepared Majroobi Chhithis of injured Raja Ram and Nanhey Lal and sent them for medical examination. S. I. Onkar Nath Shukla P. W.-9 was posted at P. S. Bangarmau on 1. 12. 1980. The case was registered in his presence. He also signed the chick report Ex. Ka-1. He started investigation and interrogated Raja Ram-and Nanhey Lal at the police station and sent them for medical examination. At about 12. 30 p. m. , he reached the place of occurrence and after appointing Panchas prepared the in quest report Ex. Ka 10. He also prepared Naksha Lash Ex. Ka 11 Challan Lash Ex. Ka 12 and letter to Chief Medical Office Ex. Ka 13. The dead body was sealed and was sent for post-mortem examination. He took blood stained Angcehha (material Ext. 1) from under the head of dead body and sealed it and preparedits fard Ex. Ka 14. He also took blood stained earth (material Ex.-2) and plainearth (material Ex.-3) from the place of occurrence and sealed them in separate :on-tainers and prepared fard Ex. Ka 15. He also found lathi (material Ex. 4) at the place of occurrence and prepared fard Ex. Ka-16. Lantern was taken in custody and was given in the supurdgi of the informant. It was in working condition. He prepared fard Ex. Ka 17. He also interrogated the witnesses of the inquest report as well as eye-witness Shiv Lal. He inspected the place of occurrence and pre pared site plan Ex. Ka 18. He also interrogated the witness Bechy Lal. He exam ined the torches of Beche Lal and Shiv Kumar which were in working condition. He gave them in their supurdgi and prepared fard Ex. Ka 2. He interrogated Ram Swaroop and Smt, Shanti on 2. 12. 1980. Thereafter the investigation was taken over by station incharge Ram Raj Singh.
(3.) DR. M. R. Ahmad P. W.-5 was posted as Medical Officer at PHC Bangarmau district Unnao on 1. 12. 1980. He examined Nanhey Lal, who was brought by con stable Suresh Pratap Singh, at 1. 30 p. m. and found the following injury on his person: 1. Abraison 1 cm. 1. 5 cm. on the posterior aspect of the distal joint of inter phallygial joint of the right thumb. Slight pus was seen at the time of examination. Scar was soft. It was about one day old. The injury was simple a and about one day old and was caused by friction against hard object. He proved injury report Ex. Ka-3. He also examined Raja Ram brought by constable Suresh Pratap Singh, at 1. 40 p. m. and found the following injuries on his person : 1. Incised wound 1. 5 cm. x. 5 cm. x. 5 cm. on the upper lip left side. Injury was glude by blood clot vertically oblique position. Upper end was cm. below and lateral to the left alac of the nose. 2. Contusion 5 cm. x 2 cm on the ramus of the mandible left side, 4 cm. left and lateral to the mentum. Reddish black in colour. Duration was about one day and the injuries were simple in nature. Injury No. 1 was caused by some sharp edged weapon, whereas the injury No. 2 was caused by blunt object. He prepared injury report Ex. Ka-4. According to the medical officer, injury No. 1 of Raja Ram could have been caused by knife and injury No. 2 by pressing of lathi. He also stated that the injuries could have been caused to both the injured on 30. 11. 1980 at about 11. 00 p. m.;