V. P. Mathur, J. - (1.) MR. C. L. Anand, the then III Additional Sessions Judge, Farrukhabad at Fatehgarh vide his order dated 17-3-1978, passed in Sessions Trial No. 339 of 1976, found the appellant Kanhai guilty for the murder of Pati Ram on a charge under section 502 IPC, convicted him accordingly and sentenced him to imprisonment for life. Against this order and judgment Kanhai appellant has come up to this Court through this appeal.
(2.) THE victim in this case is one Pati Ram and he is credited with having lodged the first information report also after having sustained serious injuries as a result of which he subsequently died. THE occurrence took place on 20-4-1974 at about 8 P. M close to the grove of Liaq Ram and the railway line towards its south within the area of the village Khandiya, Police Station Maudarwaza, District Farrukhabad. The prosecution story is that sometime back there was a partnership between the deceased Pati Ram and the appellant Kanhai in a grove of which they had taken bagh bahar jointly. Kanhai appellant acted dishonestly and the partnership came to an end. Thereafter, it is contended that Patiram obtained some other grove and Kanhai wanted to be admitted to the partnership of the same but Patiram refused to oblige him. This is said to be the motive for the present occurrence. The prosecution story further is that in the evening in question Patiram was returning with a heap of sticks on his head which he had brought from the grove of Babuji and while he had reached towards the south of the railway line, Kanhai armed with a knife (mentioned as dagger in the FIR) along with four other persons out of whom one was armed with a stick and the other with a lathi, way laid him. He was immediately assaulted with these weapons, badly injured, fell down and cried. Towards north of the railway line at a distance which is given variously as 1/2 furlong to 1-1/2 furlongs, according to the witnesses there is a tube-well of Panna Lal PW 2 and his brother Chhidami. These two persons were present at that tube-well. They heard cries of Patiram and ran with torches. It also happened that Pati Ram was absent from his house for the last two days and his mother called upon his real younger brother Prabhu-dayal PW 1 to go and search out Patiram. Prabhudayal alongwith one Bachchan Lal PW 3, started for the search of Patiram. As co-incidence would have it, they reached almost the time when the occurrence was in progress near the grove of Liaq Ram which is to the south of the railway line. The four persons, it is contended, could see the occurrence thatt was taking place towards south of the railway line. They found the appellant Kanhai armed with dagger or knife and four unknown co-accused armed with slicks and lathis, belabouring Patiram who was crying. Then it is said that after causing injuries to Patiram the accused persons ran away from the spot. A charpai was arranged from the tube-well of Panna Lal and the injured was transported to the police station where it is contended that the first information report was lodged by Patiram himself at 9-05 P. M. on the same day i. e. 20-4-1974. Then he was sent to the District Hospital, Fatehpur where Dr. S. Tandon examined his injuries at 1.05 A. M. on 21-4-1974. The injury report is Ext. Kia-22 on the record. The doctor found the following injuries on the person of Patiram :- (i) Lacerated wound 2 5. cm. x 0.5 cm x scalp deep in the mid of the scalp in the front portion. (ii) Incised wound 2 cm x 1/4 cm x muscle deep on the left side cheek on the face. (iii) Abrasion 1 cm x 1/2 cm on the right side cheek of the face. (iv) Incised wound 2 cm x 1/4 cm x muscle deep on the left side back of the neck. (v) Incised wound 5 cm x 2 cm x; bone deep on the back left elbow kept U. O. Adv. X-ray left elbow with humerus. (vi) Incised wound 2 cm x 1 cm x muscle deep on the dorsal aspect of left upper l/3rd fore arm. (vii) Incised wound 2 cm x 1/2 cm x muscle deep on the dorsum of middle l/3rd of left fore arm. (viiij Incised wound 2 cm x 1 cm x muscle deep on the lower portion left chest in front 5 cm below left nipple. (ix) Stab wound present in the left fore portion of the front of the abdomen which is about 7 cm below umblicus and present at 8 'O' clock position and intestine is coming out of the wound. The size of the wound could not be ascertained. Kept U. O.
(3.) THE bed head ticket was also brought in court which has also been exhibited and it shows that Patiram's condition was bad and he was not in a position to answer to the questions put to him properly. He was, however, admitted and treatment was given to him, but inspite of this he expired on 23-4-1974 at 10.15 P. M. Postmortem!- examination on the dead-body was conducted by Dr. S. C. Pandiya on 24-4-74 at 1 P. M. THE cause of death was syncope which had been caused as: a result of peritonitis on account of injuries to abdomen and intestines. Tie post-mortem examination report is Ext.Ka-2 on the record. THE following were the ante-mortem injuries on the dead-body :- 1.Sutured surgical incisor 2-1/2" long. It is paremedian on left side and the upper end begins at 1" below navel. 2.Abrasion linear 2" long left side of abdomen placed at right angle to vertical axis. Scabbed and healing up. 3.Incised wound 1" long and sutured on the left side of chest at 7 'O' Clock to left nipple, and 1-1/2" from it. 4.Incised wound 1" x 1/4" x muscle deep 2" below armpit of left side in the mid-axillary bone. 5.Sutured wound 2" long on the back of left elbow. 6.Sutured wound 1" long on the Ieft trachea radial in muscle region. 7.Sutured wound 1/2" long back of left fore-arm lower third. 8.Sutured wound 1/2" long middles of back of right arm. 9. Incised wound 1-1/2" x 1/4" x muscle deep back of neck near the root on the left side. 10.Abrasion 3/2" x 1/4" right cheek. 11.Sutured wound 1" long on the left cheek. 12.Lacerated wound 1" x 1/2" x skin deep front of scalp. 13. Sutured wound 1/2" long on the left side of back of neck. After completion of the formalities including investigation during which the blood stained earth and pabbles from the scene of the occurrence were taken and sent to the chemical examiner and serologist, Mr. S. P. Sharma, PW 8, submitted charge-sheet.;