- (1.) MADAN Mohan Lal, J. This is an appeal filed against the judgment and order dated 29-7-1978 passed by Sri Hukam Singh, the then Sessions Judge, Rampur by which he has convicted Pooran Lal, the appellant, under Section 302, IPC and has sentenced him to undergo imprisonment for life.
(2.) IN the town of Bilaspur, district Rampur one Bihari had three sons, named, Deep Chand, Gulabi Ram and Chhotey Lal. Pooran Lal, the appellant is the son of Gulabi Lal. Shanker Lal deceased was the son of Chhotey Lal. Whereas Deep Chand and Chhotely Lal were carrying on cultivation, Gulabi Ram, on the other hand, was in private service. The said Gulabi Ram had left service and thereafter started working as labourer. There had been partition of the property among the brothers long ago. The appellant used to raise a dispute with regard to the same. It is alleged that 3-4 months prior to the incident Pooran Lal, appellant, had a quarrel with Shanker Lal deceased because he was pressing for an extra share in the property, which was stoutedly opposed by Shanker Lal deceased. On an intervention of certain persons some land for the construction of the Kotha had been given to the appellant by Shanker Lal. However, one month prior to the incident there was another quarrel between Shanker Lal deceased and his father on one side and the appellant on the other. According to the case of the prosecution on 18-10-1977 at about 9pm. the appellant came to the house of Shanker Lal deceased and prevailed upon him to accompany with a cup in his hand. Shanker Lal deceased also took a torch with him. Thereafter Shanker Lal was not seen. At about 8 a. m. in the morning one Lokman had informed Chhotey Lal that the dead body of his son Shanker Lal was lying in the Kharra (depression) of an old river. After seeing the dead body Chhotey Lal went to the police station where he lodged report of the incident on 19-10-1977 at 9. 20 a. m. The police reached the spot to find the dead body, with multiple injuries, lying there. From the side of the dead body a torch and cup, handkerchief belonging to the deceased Shanker Lal and a wrist watch belonging to the appellant were found there. An empty bottle of liquor was also lying there. On the same day the investigating officer had arrested the appellant. The clothes which were worn by the appellant were blood stained and the same were taken in possession. At the instance of the appellant a blood stained knife hidden in his hut was recovered in the presence of the witnesses. In support of its case the prosecution examined 17 witnesses. PW 2 Chhotey Lal is the father and PW 5 Kalwa is the younger brother of Shanker Lal deceased. They had stated that on the fateful night the appellant had come to their house to take away the deceased and that thereafter he was not seen alive. PW 4 Mangli, PW 6 Lokman and PW 7 Bal Kishan are the witnesses regarding the recovery of the dead body etc. PW 8 Chet Ram was a witness of last seen but he turned hostile. PW 9 Deep Chandra and PW 11 Manga Ram were the witnesses of the recovery of the knife at the instance of the appellant. Constable Mohd Tausif Ali, PW 12, Constable Babu Singh PW 13, Constable Sita Ram PW 14, Constable Suraj Singh PW 15 and Shyam Lal Gupta clerk PW 16 were formal witnesses. The investigation of this case was made by PW 17 Sri Satya Pal Sharma. On 19-10-1987 at about l0-30 a. m. he had recovered the dead body of Shanksr Lal from the aforesaid Kharra of the old river. He had taken the dead body in possession and after necessary formalities sent the same for post-mortem examination. From near the dead body the investigating officer had found a cup, torch and a handkerchief of the deceased and wrist watch belonging to the appellant. He had found blood at the said place and had taken samples of blood stained and unstained earth from there. The Investigating Officer had prepared a site plan. The Investigating Officer found the appellant coming from the side of the grove, belonging to Munshi Lal and after interrogation the appellant took the Investigating Officer and the witnesses to his hut from where is produced a blood stained knife. The Investigating Officer had also taken the blood stained clothes of the appellant in possession. The Investigating Officer had recorded the statement of the witnesses.
(3.) PW 10 Dr. R. K. Gulati the then Medical Officer, PHC, Bilaspur, examined the appellant on 19-10- 1977 at 5-50 p. m. and he found the following injuries on his person : (1) Incised wound 1 cm. x cm. on the dorsum of the left thumb middle phalnex, the margins of which were clean cut. (2) Incised wound 2 cm. x cm. x cm. on the dorsum of left hand nearly 2 cm. below the wrist, the margins of which were also clean cut. (3) Linear scabbed abrasion 3 cm. x on palm of right hand, 3 cm. below the wrist. Pw 3 Dr. R. Misra the then Medical Officer, District Hospital, Rampur had conducted the post-mortem examination of the dead body of Shanker Lal on 19-10-1977 at 5. 20 p. m. He found the following ante- mortem injuries on the dead body: (1) Incised wound 5 cm. x 2 cm. x bone deep on the right side of the forehead above eye brow. (2) Incised wound 3 cm. x 1 cm. 1 cm. on the right side of the face, 1 cm. below the eye. (3) Incised wound 7 cm. x 3 cm. x abdominal cavity deep on the right front of abdomen out of which rings were coming out. (4) Incised wound 3 cm. x 2 c. m x 2 c. m x 6 cm. on the right Army Act frontside, 7 cm. below the right shoulder. (5) Incised wound 3 cm. x 2 cm. x 6 cm. on the right Army Act upper side 6 cm, below the shoulder. (6) Incised wound 3cm x 1 cm. x 2 cm. on the right arm upper side 6 cm, below the shoulder. (7) Incised wound 5 cm. x 1 cm. x skin deep, on the right forearm, front side, 1 cm. below elbow joint. (8) Incised wound 4 cm. X 1 cm. x skin deep on the back, middle, part. (9) Incised wound 6 cm. 2 cm. x abdominal cavity, deep on the right side, back lower portion. (10) Incised wound 2 cm x 1cm. x l cm. on the left side of back nearly 30 cm. below the shoulder. (11) Incised wound 3 cm, X 1 cm. X skin deep on back of left knee. (12) Incised wound 3 cm. X 1 cm. on front of left ankle. (13) Abrasion cm. X 1 cm. on the right toe.;