V. N. Varma, J. - (1.) THIS is an appeal from the judgment and order of Sri V. S. Kulshrestha, Additional Sessions Judge, Pilibhit by which he convicted the appellants-Nathu, Pallu, Jagdeo, Bachu and Moti-under Section 302/149 IPC and sentenced each of them to imprisonment for life. Appellants, Nathu, Moti, Bachu and Jagdeo were further convicted under Section 148 IPC and were sentenced to two years' R. I. each. Appellant Pallu was also convicted under Section 147 IPC and he too was sentenced to two years' R.I.
(2.) THE person who lost his life in this case was one Harpal, resident of village Gai Boih, P. S. Gairaula, district Pilibhit. He was a milt-vendor by profession. His wife, Smt. Ram Wati, PW 1 lived with him. Sometime in the year 1970, a theft was committed at his house In that theft Harpal deceased was said to have caught appellant Nathu red handed, Harpal made a report against him in consequence whereof a case was started against Nathu. On 21-8-1972. at about 9 P. M., appellant Nathu along with the other appellants of the case met Harpal at his house and asked him to compromise the theft case. Harpal refused to oblige them. His refusal irked the appellants and they went threatening Harpal. On 22-8-1972, at about 6.30 A. M. Harpal was on his way to Pilibhit proper to sell milk. He had a cycle with him and he was carrying milk in a drum on that cycle. His wife, Smt. Ram Wati, PW 1 and his Sala, Munna Lal, PW 3 were also with him. The son of Harpal was ill and they were taking him to Pilibhit for medical aid. It is said that when these persons had hardly covered about half a mile and were near Khanda river, the appellants variously armed-appellants Nathu, Bachu and Moti armed with spears, appellant Jagdeo armed with a Kanta and appellant Pallu armed with a lathi fell upon Harpal, who was going a little ahead of his wife and Sala, and started' assaulting him with the weapons with which they were armed. Smt. Ram Wati and Munna Lal raised an alarm hearing which Ram Swarup PW 2, who was ploughing his field in the vicinity, rushed to their help. Harpal was badly assaulted and he died on the spot. Smt. Ram Wati went to Thana and made a report at 9 A. M. Thana being nine miles from the place of the incident, S. I. D. K. Thapliyal was present at the thana when the report was made. He immediately took charge of the investigation in his hand and recorded the statement of Smt. Ram Wati. He then went to the spot accompanied by some police officials. He first held an inquest on the dead body of Harpal and then inspected the locality and drew the site plan Ex. Ka-9. He also took blood-stained earth as well as plain earth from the place of the incident and sealed them in two different containers. Having done that he sealed the dead body in a coffin box and sent it to Mortuary for post mortem examination. The post mortem examination on the dead body of Harpal was conducted by Dr. B. Naram on 22-8-1972 at 5.15 P. M. He found as many as 18 injuries on the dead body. Those injuries were in the nature of lacerated wounds, incised wounds, stab wounds and contusions. According to Dr. Narain, death was due to shock and haemorrhage as a result of the injuries received.
(3.) THE appellants pleaded not guilty and repudiated the truth of the allegations made against them. THEy attributed their false implication due to enmity. Appellant Nathu alleged that Ram Swarup PW 2 had chopped off the nose of his Sala for which a case was started against him. He appeared as a witness against him in that case and it was because of this that Ram Swarup got him implicated in this case. Appellant Moti is the brother of Nathu ; according to him he too had been falsely implicated by Ram Swarup. Appellants Jagdeo and Pallu, who were also own brothers, also attributed their implication due to Ram Swarup. According to Jagdeo he had abducted a girl at the asking of Ram Swarup, but when the police came in the picture, he disowned to have played any part in this crime. Appellant Pallu aleged that as *he happened to be the brother of Jagdeo, he too was roped in by Ram Swarup. Appellant Bachu also threw all the blame for his implication in this case on Ram Swarup. He alleged that he had brought a girl from Pipari Nagaria with her consent to his village. This girl turned out to be a relation of Ram Swarup. Ram Swarup, therefore, felt annoyed with him and implicated him in this case. The learned Additional Sessions Judge found the prosecution case fully established and he, therefore, convicted and sentenced the appellants as indicated above. Aggrieved, they have come up in appeal to this Court.;