- (1.) M. M. Lal, J. Both these appeals arise from the same judgment and order dated 9-3-1981 passed by Sri V. K. Jain, Sessions Judge, Unnao whereby he has convicted Chandrapal appellant under Sections 302/34, IPC and 323, IPC and has sentenced him to undergo imprisonment for life and six months R. I. respectively, thereunder and has convicted Bhagwandin appellant under Section 302, IPC and has sentenced him to undergo imprisonment for life.
(2.) DORI and Kusehar were two real brothers. DORI had a son named DORI. Bhagwandin and Chandra Pal appellants are the sons of said DORI. Kusehar on the other hand had two sons named PW 1 Dayal injured and Khilari who has been murdered in this incident Scot. Lachhminia injured is the widow of said Khilari. They have a son named Chhedi. Smt. Rajola is the wife of said Chhedi. The parties are the residents of village Bhadin, P. S. Purwa, district Unnao. The wife of Dori had died in the month of Asarh, prior to this incident. Dori had, however not performed per last rites. The marriage of aforesaid Chhedi, son of Khilari deceased was about to take place and according to the custom the said marriage could not be performed till the last rites of the wife of Dori had been performed. Therefore, Khilari and Dayal asked Dori to perform the said rites but he declined to do so. Thereupon the marriage of Chhedi was salemnized without the said rites having been performed. On the same the relations between the two families were broken. According to the case of the prosecution on 28-11-1979 at about 4 p. m. aforesaid Rajola had gone towards the east of the village, where the house of the Bhagwandin was situate, to answer the call of nature. At that time the appellants had abused Smt. Rajola and told her not to come to their side for answering the call of nature. When she returned to her house Smt. Rajola made a complaint of same to her in-laws. At about the same time Bhagwandin appellant carrying Kulhari and Chandrapal appellant carrying lathi passad by that side. Kulhari deceased made a protest to them and asked them that they should not have abused his daughter-in-law and that if they had any complaint to make, then they should have made the same to him. The same led to an altercation. At that time Chandrapal appellant exhorted Bhagwandin appellant to kill Khilari so that quarrel may be over. Both the appellants then attacked Khilari as a result of which he sustained Kulhari blows. Smt. Lachhminia and Dayal had tried to intervene but they too were inflicted injuries. Some witnesses had come at the place of occurrence and incident was seen by them. Both the appellants had gone away from the place of occurrence. Dayal injured made an arrangement for a bullockcart and on the same took Khilari and Smt. Lachaminia to the Police Station Purwa. In the way Khilari had expired. The report of the incident was lodged on the same day at 9-30 p. m. at P. S. Purwa, situate at a distance of 6 miles.
(3.) IN support of its case the prosecution examined PW 1 Dayal informant and PW 2 Smt. Lachhminia injured PW 3 is Dr. S. M. Tripathi who was Medical Officer, District Hospital Unnao. He had conducted the postmortem examination of the dead body of Khilari on 29-11-1981 at 2 p. m. He had found the following ante-mortem injuries on the dead body of Khilari : 1. INcised wound "2 "x " bone cut on front of head 3" above the bridge of nose. 2. INcised wound 2 "x 3/4" x bone cut on right shoulder top. Acromin process of scapula was fractured. 3. INcised wound 3/4"x "x muscles deep on right arm back 3" above the elbow. 4. INcised wound 3/4"x "x 1" deep on right thigh front and middle. 5. INcised wound 1 "x "x bone deep on left side back of neck middle part. On internal examination the doctor had found left parietal bone of Khilari having been fractured. The membrance were lacerated under injury No. i. The brain was congested. According to the doctor the death of Khilari had taken place due to shock and haemorrhage as a result of the aforesaid injuries PW 4 is Doctor S. N. Chaudhari. On 28-11-1979 he had examined injuries of Dayal and Lachhminia at il and 11. 15 p. m. respectively and had found the following injuries on their persons. Injuries of Dayal : A lacerated wound 4 cmx3cmx bone deep on left half of scalp 12 cm above the left ear. Blood was discharging from the wound. The doctor had found the said injury as fresh and according to him the same was caused by blunt object. Injuries of Smt. Lachhminia : 1. A lacerated wound 2 cm X 5 cm x scalp deep on left half of scalp 11 cm above the left ear. Blood was discharging from the wound. 2. An abrasion 6 cm x 1 cm on left haand middle part of the back, red in colour. 3 An abrasion 2. 5 cm X 1 cm on middle part and left half back 1 cm. below injury No. 2, red in colour. 4. An abrasion 3 cm X 1 cm on lower part of left half of back red in colour. 4. An abrasion 1 cm X 5 cm on posterior aspect of left index finger, red in colour. The said injuries were also found to be fresh and according to this doctor the same were caused by a blunt object.;