Saroj Bala, Brahma Nand Shukla - (1.) THIS criminal appeal is directed against the judgment and order dated 25.9.1982, passed by the Addl. Sessions Judge-V, Etah in S. T. No. 500 of 1980, State v. Balbir Singh, P. S. Aliganj, whereby convicting the appellant for the offences under Section 302, I.P.C. and Section 25 (1) (b) of the Arms Act and sentencing him to life imprisonment under Section 302, I.P.C. and one year's rigorous imprisonment under Section 25 (1) (b) of the Arms Act with direction that both the sentences shall run concurrently.
(2.) BRIEFLY stated the prosecution case at the trial was that Ram Wakil (victim), the real brother of the accused-appellant wanted to sell his agricultural land to which the accused-appellant was not agreeable. On August 29, 1980 at about 10.30 a.m. appellant alongwith victim reached Aliganj tehsil compound and got the rickshaw parked in front of the tea shop of Ram Chandra (P.W. 2) and Rakesh Kumar (D.W. 1). At that time H. C. Riyaz Ali (P.W. 1), H. C. Munshi Singh (P.W. 3), C. P. Deep Chand (P.W. 5) and other police personnel were present in the verandah of police out post Aliganj situated towards western side of the said tea shop. The rickshaw with victim Ram Wakil on board was standing at a distance of 26 paces from the police out post. On hearing the outcries 'mar dala bachao' the attention of Riyaz Ali (P.W. 1) and other police personnel was diverted towards that direction and they saw the accused-appellant giving khukri blows over the neck of the victim. Seeing the police and public witnesses coming to the place of offence the accused-appellant took to his heels with 'khukri' in his hand. He was chased by the police and captured with blood stained 'khukri' near the northern gate of Tehsil Aliganj. The victim succumbed to the injuries in the rickshaw. The recovery memo (Ext. Ka-1) narrating the details of the incident and arrest of appellant with blood stained khukri etc. was prepared at the spot in the presence of police and public witnesses. The recovered 'khukri' was sealed. The accused-appellant alongwith recovered articles and recovery memo was taken to police station Aliganj and was handed over to police custody. On the basis of recovery memo (Ext. Ka-1) check F.I.R. (Ext. Ka-3) was prepared and crime was registered under Section 302, I.P.C. and Section 4/25/27 of the Arms Act by H. M. 62, Satish Chandra (P.W. 6). He collected blood stained clothes (Exts. 7 and 8) and plastic shoes (Ext. Ka-9) worn by the accused-appellant under the memo (Ext. Ka-5). S.I. Bedi Singh (P.W. 7) conducted investigation of the case. He visited the place of offence and conducted inquest on the dead body of the victim. He prepared inquest memo and connected papers (Exts. Ka-6 to Ka-9) and sent the dead body to the mortuary for post-mortem through constables. He collected the blood stained and plain earth from the spot under the memo (Ext. Ka-11). He seized letters from the pocket of deceased (Exts. 10/1 and 10/2). After interrogating the witnesses he submitted the charge-sheets (Exts. Ka-14 and Ka-15) against the accused-appellant. Dr. S. K. Sharma (P.W. 4) conducted autopsy on the dead body of Ram Wakil on 30.8.1980 at 4 p.m. As per post-mortem report (Ext. Ka-3) the following ante-mortem injuries were found : 1. Incised wound 5 cms. x 2 cms. x bone cut on right mastoid region just behind ear. 2. Incised wound 8 cms. x 2-1/2 cms. x muscle deep on right lateral side of neck 2 cms. Below injury No. 1. 3. Incised wound 3 cms. x 2-1/2 cms. x bone cut extending from right side of face 2 cms. below right angle of mouth to left underside of chin. 4. Incised wound 9 cms. x 3 cms. muscle deep on underside of chin and upper part of neck 2 cms. behind injury No. 3.
(3.) INCISED wound 15 cms. x 2-1/2 cms. x bone deep on front of neck extending more to the left side 1 cm. below injury No. 4. Incised wound 8 cms. x 3-1/4 cms. x bone deep on left lateral side and upper part of neck 5 cms. below ear.;