- (1.) SAROJ Bala, J. This criminal appeal is directed against the judgment and order dated 2. 11. 1982 passed by the 2nd Additional District and Sessions Judge, Gorakhpur in S. T. No. 2 of 1982 whereby convicting the appellants for the offences under sections 147 IPC and 302 read with section 149 IPC and sentencing each of them to two years rigorous imprisonment under section 147 IPC and imprisonment for life under section 302/149 IPC.
(2.) THE factual background as un folded at the trial was that on 1. 7. 1981 at about 10 P. M. the first informant Gabbu Chaubey (P. W. 1) along with Sheo Prasad (P. W. 2) and his son Prabhash was sitting in his open hut and they were engrossed in conversation. At the same time accused-appellant Mallu along with his relatives co-accused Sirtaj, Rambali, Tapesar, Gama and Sadhu was seen in the electric light burning at the tubewell of Uttam Chaubey coming from the southern side towards the village. After some time outcries of Smt. Saukariya widow of Jamuna coming from her residence were heard. On hearing her outcries the first informant along with his companion reached at the house of Smt. Saukariya and saw the appellants in elec tric and torch light coming out from her residence. THE appellants took to their heels on seeing the witnesses. THE motive behind the commission of offence was liti gation with accused- appellant Mallu over the agricultural land. THE first informant scribed the report of the incident (Ext. Ka-1) which was laid by his son at P. S. Chauri Chaura on 2. 7. 1981 at 7. 45 A. M. On the basis of written report check FIR (Ext. Ka-4) was prepared by constable Moharrir Ram Nagina Pandey (P. W. 7) and crime was registered in the general diary maintained at police station Chauri Chaura. S. I. Jitan Prasad Yadav (P. W. 6) the then posted at P. S. Chauri Chaura was entrusted with the duty to investigate the crime. He reached at the place of offence at 10. 20 A. M. and conducted inquest on the dead body and prepared inquest memo (Ext. Ka-6 ). During the course of inquest photolash (Ext. Ka-7), Challan lash (Ext. Ka-8), letters to C. M. O. (Exts. Ka-9 and Ka-10) were prepared. The seal bundle con taining the dead body of Smt. Saukariya along with police papers was handed over to the constable Surendra Singh (P. W. 5) and Shiv Nath Prasad for transportation to the mortuary for post-mortem. The autopsy on the dead body was conducted by Dr. Mahendra Pratap Singh (P. W. 3), then posted as Medical Of ficer in District Hospital Gorakhpur, on 3. 7. 1981 at 3. 30 P. M. and following ante mortem injuries were found, on the person of deceased as per post-mortem report (Ext. Ka-2): 1. Incised wound 1/2" x 1/4" x mus cle deep on left forearm 4" above the wrist. 2. Incised wound 1. 5" x 1/2" x muscle deep, 7" above injury No. 1. 3. Punctured wound 1" x 1/2" x 4" on front of chest 4" above left nipple. 4. Incised wound 1" x 1/2 x muscle deep, 4" below left nipple.
(3.) INCISED wound 1" x 1/2" x muscle deep, 2" below injury No. 4. Incised wound 1" x 1/4" x muscle deep, 2" below injury No. 5.;