Chandra Dhari Singh, J. - (1.) Heard Sri V.P. Srivastava, Senior Advocate, assisted by Sri S.S. Pandey, learned counsel for the appellants, Sri Syed Ali Murtaza and Sri Satish Pandey, learned Additional Government Advocate appearing for the State-respondent and perused the lower court record.
(2.) The instant criminal appeal, filed on behalf of the appellants, is directed against the judgment and orders dated 22.11.1983 passed by Sri Dharam Singh Ram, the then Additional Sessions Judge-VI, Mainpuri in Sessions Trial No. 83 of 1983 [State Vs. Sahukar and others] whereby the appellants, namely, Sahukar, Sadho Singh, Pratap Singh and Jagdish, have been convicted under Section 302/34 IPC and sentenced to undergo life imprisonment.
(3.) The facts which can be enumerated from the record may briefly be stated thus : (i).In brief, prosecution story is that the complainant Sri Yadhunath Singh (P.W.1), was a school teacher in village Pathrai and he was living in the said village for last 9 or 10 years. In the said village his father's sister Smt. Chandrawali (deceased) was living and she was widow of Laturi Singh, who was issuless. Smt. Chandrawali had become widow at young age, therefore, Sri Yadhunath Singh and his wife and children were living with Smt. Chandrawali and were helping her in cultivation of her land. As Smt. Chandrawali had no child, the complainant Sri Yadhunath Singh was her heir. Smt. Chandrawali had executed a will in favour of complainant Sri Yadhunath Singh and his brothers on 22.07.1982 i.e. about two months' prior to the occurrence. The accused-appellants, namely Pratap Singh, Sadhu Singh and Sahukar sons of Panna Lal and accused-appellant Jagdish son of Pratap Singh, were very much annoyed with Smt. Chandrawali on account of execution of the said will in favour of the complainant and his brothers, because the accused-appellants were intending to grab her property. (ii).On 02.10.1982, the complainant Sri Yadhunath Singh (P.W.1), his younger brother Vijay Singh and his sister's daughter Km. Asha P.W.4, complainant's wife Smt. Reshma were present at the house of Smt. Chandrawali, at about 6.15 am, Smt. Chandrawali was going to take care of the fodder to the cattle, the accused-appellants, namely, Sahukar, Pratap Singh, Sadhu Singh and Jagdish, immediately came out from the house of accused-appellant Pratap Singh and came near Smt. Chandrawali, the accused-appellant Sahukar was armed with country made pistol and other accused-appellants Jagdish, Sadho Singh and Pratap Singh were armed with knives. The accused-appellant Jagdish caught hold the deceased Smt. Chandrawali and the accused-appellant Sahukar exhorted to other accused persons to kill her. Thereupon all the remaining three appellants, namely, Jagdish, Sadho Singh and Pratap Singh started assaulting Smt. Chandrawali with knives till she breathed her last. On seeing the incident the complainant, his brother Vijay Singh, his wife Reshma and niece Km. Asha raised alarm and wanted to rescue Smt. Chandrawali but the accused-appellant Sahukar pointed his country made pistol towards them, therefore, they could not move forward to rescue the deceased. On hearing the alarm, Sri Taley Singh pradhan, Sri Niwas, Kehri Singh and many other villagers had reached there and had seen the occurrence. The accused persons after committing the murder of Smt. Chandrawali, left the place of occurrence and ran away. (iii).On the written report (Ext. Ka-1) of the complainant, a chik FIR was scribed and case crime no.115 of 1982, under section 302 IPC, P.S. Eka, District Mainpuri was registered on 02.10.1982 against the accused-appellants, namely, Sahukar, Pratap Singh, Sadho Singh and Jagdish. The investigation was handed over to Sri Kripal Singh (P.W.7), Station Officer, P.S. Eka, District Mainpuri. He recorded the statement of scribe of chik FIR constable Kanchi Lal and then proceeded to the place of occurrence. He recorded the statement of complainant Sri Yadhunath Singh at the spot. Sub Inspector Veer Bahadur Singh was also accompanied with him for help. Site plan as Ext. Ka-3 and inquest report Ext. Ka-4 of the dead body of Smt. Chandrawali were prepared by S.I. Veer Bahadur Singh under the supervision of Station Officer Sri Kripal Singh. He prepared the challan of dead body as Ext. Ka-5, photo of dead body as Ext. Ka-6, letter to Chief Medical Officer Ext. Ka-7. He kept the dead body in sealed cover and sent the same for postmortem examination through constable Om Prakash Singh and Ram Saharey Dixit to Civil Hospital, Etah. Thereafter, the Investigating Officer recorded the statement of Sri Vimal Prakash and Mohar Singh, who were the witnesses of the inquest proceedings. (iv).The Investigating Officer went in search of the accused persons but no one was found. The postmortem examination was conducted by Dr. Satya Prakash Varshani (P.W.6) on 03.10.1982 at 4.50 p.m. and he prepared the postmortem examination report as Ext. Ka-2. The doctor found as many as 10 injuries on person of the deceased. According to the opinion of the doctor, the death took place due to shock and heamorrhage as a result of anti mortem injuries. The doctor has reported that the wall, ribs and cartridges were found damaged. The pleura was also damaged. Right and left lungs were also damaged. The heart, vessels, peritoneum were also found damaged. (v).The doctor found blouse material Ext. Ka-1, Dhoti Ext. Ka-2, Churi pieces Ext. Ka-3, nose ring Ext. Ka-4, Bichua pair Ext. Ka-5 and four rings Ext. Ka-6 and sent the same to the S.S.P. Mainpuri in sealed cover. (vi).S.I. Veer Bahadur Singh, under the directions of the S.O. took the simple and blood stained earth Ext. Ka-6 and 7 and kept the same in the sealed cover. (vii).The Investigating Officer got information on 08.11.1982 regarding surrender of the accused persons. He recorded the statement of the witnesses Reshma, Km. Asha on 19.11.1982. He recorded the statement of the accused Sahukar, Pratap Singh, Sadhu Singh and Jagdish in jail on 26.11.1982. He recorded the statement of constable Om Kar Singh, Ram Saharey Dixit on 08.12.1982. He recorded the statement of the witnesses Vijay Singh, Taley Singh, Kehri, Ulfat Singh, Sunhari Singh and others on 10.12.1982, thereafter submitted the charge-sheet Ext. Ka-7 against the accused persons on 17.12.1982. (viii).The accused-appellants Sahukar, Sadhu Singh, Jagdish and Pratap Singh were charged with the offence punishable under section 302 read with 34 and 307 read with 34 IPC. The appellants pleaded not guilty and alleged that they had been falsely implicted in the present case crime no. 115 of 1982. They claimed for trial. (ix).The prosecution in order to prove its case, examined Sri Yadhunath Singh complainant as P.W.1, eye witness, Sri Sriniwas as P.W.2, another eye witness, Vijay Singh as P.W.3, eye witness, Km. Asha aged about 14 or 15 years as P.W.4, eye witness, Sri Taley Singh as P.W.5, Dr. S.P. Varshani, who conducted the postmortem examination as P.W.6, S.O. Sri Kripal Singh as P.W.7 and the clerk constable Govind Narain Tiwari, who prepared the chik report/and G.D. as P.W.8. (x).After appreciation of the evidence on record and other circumstances, the trial court had convicted the appellants for offences punishable under section 302/34 IPC and sentenced them imprisonment for life.;