- (1.) N. S. Gupta, J. This Criminal ap peal is directed against the judgment and order of conviction, dated 18-3-1980 passed by Sri M. L. Singhal, the then Vth Additional District and Sessions Judge, Allahabad, convicting the accused appel lants under Sections 302/325, IPC read with Section 34 IPC and sentencing each of them to life imprisonment under Section 302, IPC and two years R. I. under Section 325, IPC. Both the sentences were directed to run concurrently.
(2.) THE prosecution story, briefly stated, is as follows: THE complainant Smt. Kalimunissa and the accused appellants are all resident of village Gaudiyani, P. S. Ma. u Aima Dis trict Allahabad. THE prosecution claimed that the accused appellants Mohd. Issa and Mohd. Idris are real brothers. THEy and accused appellant Garib are friends of Ramsajiwan. Ram Sajiwan bore enmity against the complainant Smt. Kalimunissa and her husband. THEre was a litigation in between the complainant's husband Bak-ridi and the accused appellant Ram Sajiwan over an agricultural plot situate in village Gaudiyani P. S. Mau Aima District Allahabad. On 20-1-1977, at about 4 p. m. the complainant Smt. Kalimunnissa P. W. 1 , her daughter deceased Bakridan and minor son Khalil went to the said field for digging out potato crop. There Mohd. Issa duly armed with farsa, Mohd. Idris alias Chammar armed with spear, Garib armed with spear and Ram Sajiwan armed with Lathi appeared. Accused Ram Sajiwan ex horted that Smt. Kalimunnissa and Bak ridan be killed as they would otherwise not leave the possession of the field in question easily. Thereupon all the four accused appellants punched upon Bakridan deceased and assaulted her by means of their respective weapons. When the com plainant Kalimunissa tried to save her daughter Bakridan, she was also assaulted by the accused appellants. The com plainant raised alarm and attracted Bhaiyaram and Nazimuddin P. W. 4 and other inhabitants of the village. The ac cused appellants then ran away. The complainant Kalimunissa went to police station Mau Aima at 8. 15 p. m. and lodged an oral report Ex. Ka 1 about the occurrence of this case.
(3.) S. I. , Raghuraj Singh, P. W. 8 who was then working as Station Officer of P. S. Mau Aima immediately took up the inves tigation of the case in his hand. He recorded the statements of Smt. Kalimunissa and her son Khalil and rushed to the scene of occurrence right in the night of the occurrence. He searched out the accused appellants but they were not available. On the morning of 20-1-1977, he conducted inquest in respect of the deadbody of the deceased, Bakridan and sent the same for post- mortem ex amination through constable Abdul Latif P. W. 6. Smt. Kalimunissa was medically examined by Dr. A. P. Bajpai P. W. 5 at about 4. 30 a. m. on 20-1-77. He found the follow ing injuries on her person: (1) Traumatic swelling 15 cm x 7 cm on the out side of left arm. (2) Lacerated wound 1. 5 cm x 0. 3 x skin on the lateral side of left arm 8. 5 cm above the elbow joint. (3) Lacerated wound 1 cm x 0. 4 cm on the lower end posterior side of left forearm. (4)Traumatic swelling 5 cm x 4 cm on the posterior side lower end of left forearm covering the injury No. 3. (5) Traumatic swelling 6 cm x 4. 5 cm in the upper part of dorsum of left hand. (6) Traumatic swelling 23 cm x 7 cm in the lateral sideof lower 2/3rd of right leg. (7) Complaint of pain on the right forearm. In the opinion of the doctor, all the injuries were more than half day old, caused by some blunt weapon.;