M.Murtaza Husain, J. - (1.) JAGDEO Singh, Kali Bux Singh, Raj Bux Singh and Parmatma alias Lambardar appellants of Criminal Appeal No. 17 of 1978 stood their trial before the 1st Addl. District and Sessions Judge Barabanki in Sessions Trial No. 359-A of 1974. Through his order dated 2-1-78, passed in that case, the learned Sessions Judge has convicted all of them under Section 302/34 IPC. He has sentenced JAGDEO Singh appellant to death for that offence, whereas the other three appellants have been sentenced to undergo life imprisonment. The connected Criminal Appeal No. 38 of 1978 has been submitted by JAGDEO Singh from jail. The learned Sessions Judge has also made the prescribed reference (No. 2 of 1978) for confirmation of JAGDEO Singh's death sentence.
(2.) PARMATMA appellant is resident of village Chak Ambar Purwa hamlet of Birapur, P. S. Tikait Nagar in the district of Bara Banki whereas the other three appellants are residents of village Semaur which lies within the circle of the same police station. Ratipal Singh, who lost his life in the occurrence complained of, was also a resident of village Semaur. Smt. Chandrawati PW 1, who is the complainant of this case, is Ratipal Singh's widow whereas Smt. Saroj Kumari PW 3 is his daughter. Amar Bahadur PW 2 is the real brother of Smt. Chandrawati complainant. He belongs to village Dhamapur, which is ten miles away from Semaur. He was allegedly staying at the house of the deceased when the occurrence took place. Ratipal Singh was formerly employed in the Army. Later on he took up employment in the R. P. F. He was staying in Semaur for about 15 years prior to the occurrence. Jagdeo Singh appellant is real nephew of Ratipal Singh deceased. The other appellants are said to be Jagdeo Singh's helpers and friends. Raj Bux Singh appellant was the Pradhan of village Semaur at the time of occurrence. The prosecution case is that there was bitter enmity amongst Ratipal Singh deceased and Jagdeo Singh appellant since before the occurrence. when Ratipal Singh was in service Jagdeo Singh was looking after his agricultural land. On return from service Ratipal Singh deprived him of the benefit which he was deriving from the property of Ratipal Singh. Jagdeo Singh then started living separately. Later on Arhar crop of Jagdeo Singh was stolen by somebody and he lodged a report under Section 379 IPC against the deceased and others. On 9-7 - 1973 Jagdeo Singh tried to assault the deceased with a Gandasa. A report (Ex. Ka-17) was lodged by Ratipal Singh against Jagdeo Singh and others with respect to that incident. The house of Jagdeo Singh in village Semaur was demolished by Ratipal Singh and then Jagdeo Singh shifted to his Sasural in Ballipur. About three weeks prior to the occurrence an armed dacoity was committed at Ratipal Singh's house wherein his son was injured and later on he succumbed to his injuries. In report, Ex. Ka-19, lodged by Ratipal Singh about that dacoity he had named Jagdeo Singh who was arrested in that connection and was bailed out. The prosecution contends that on account of these enmities Jagdeo Singh was looking for an opportunity to commit Ratipal Singh's murder. Ratipal Singh deceased owned a Mahuwa grove known as Mauhari which is to the west of the abadi of village Semaur. Mahuwa fruits of that grove were dropping for about a fortnight prior to the occurrence. One Ram Das was looking after that crop on Batai basis. Ratipal Singh used to go to that grove every morning to have his half share in the crop. At about 10 a.m. on 7-4-1974 Ratipal Singh was, as usual, going to the aforesaid grove. At a distance of about 100 paces to the west of the house of the deceased on his way to Mauhari there is the house of Smt. Piara Bhujain CW 1 which faces towards west. She is a widow and resides all alone at her house. As soon as the deceased reached near that house the four appellants suddenly appeared. Jagdeo Singh had a gun, Kali Bux Singh had hand grenade, Raj Bux Singh had a pistol whereas Parmatma was armed with a gun. A hand grenade was exploded by the appellants which blasted with usual sound. The deceased ran into the Barotha of Piara Bhujain's house. The appellants followed him, assaulted and caused injuries to him in that Barotha by their arms. When the deceased had left his house his widow Chandrawati, daughter Saroj Kumari, and, brother-in-law Amar Bahadur Singh were sitting in front of his house. They were alerted by hearing the aforesaid blasting sound and rushed towards Piara's house. They saw the appellants assaulting the deceased inside the Barotha of Piara's house. Three servants of the deceased, namely, Jag Jiwan PW 4, Ram Sumiran CW 2 and Kishun also reached there. The complainant and other witnesses saw Jagdeo Singh taking out a knife from his pocket and cutting the nose of the deceased when he had fallen down injured. Thereafter the appellants ran away. When the complainant and other witnesses went inside the Barotha of Smt. Piara's house they found the deceased already dead. His blood was lying upon the ground. The complainant and others immediately shifted the dead body of Ratipal Singh to his house.
(3.) A written report of the occurrence was prepared by Smt. Saroj Kumari immediately upon complainant's dictation. It was sent to P. S. Tikait- nagar through the village Chaukidar who handed it over there at 12.30 O'clock in the noon. A case was registered against the appellants on the basis of that report which was successively investigated by S. I. Ram Pratap PW 8, S. I. Rameshvvar Pathak PW 7 and S. I. Nagendra Bahadur, who simply submitted the charge sheet. Autopsy of the dead body of Ratipal Singh was held by Dr. R. C. Sharma Medical Officer, District Hospital, Bara Banki. He found six ante- mortem external injuries upon Ratipal Singh's dead body. The first injury was a cut wound upon the nose of the deceased which had exposed the upper jaw bone. Four of the injuries of the decesed were firearm wounds. The first one was 13 x 8 cms. x chest cavity and shoulder joint deep on the left side of chest and shoulder. Charred, blackened and clotted blood was present in the wound. The second firearm wound was 7 cm. x 3 cm. and was chest cavity deep. It was in the middle of the chest and to the left of sternum. The other two firearm injuries were on the two thighs. Last injury of the deceased was a contused wound found upon the back of right elbow.;