Vinod Prasad, Virendra Singh - (1.) CHALLENGE in this appeal by the appellant Daya Shankar is to the judgment of his conviction under Section 302, I.P.C. and implanted sentence of life imprisonment with fine of Rs. 10,000 and in default of payment of fine to undergo 6 months further simple imprisonment, dated 5.6.2006, imposed by Addl. Sessions Judge/Special Judge (E. C. Act) Jaunpur in S.T. No. 252 of 1995, State v. Daya Shankar and others. By the same judgment trial court has acquitted three other accused namely Lal Man, Ram Niranjan and Moti Lal.
(2.) ENCAPSULATED prosecution allegations as are decipherable from written report Ext. Ka-1 and disclosed during trial by the informant Tilakdhari, P.W. 1 are that Tilakdhari (informant)/Dharmraj (deceased) and Jagdish, P.W. 2 are the sons of Bhagirathi, a resident of village Katka, P.S. Sarpataha district Jaunpur. Dharmraj being eldest of the three looked after the family affairs, litigation and was the sole earning member of the family. Jangali a resident of the same village had three sons Nirmal, Moti and Ram Niranjan. Ram Niranjan has also three sons namely Daya Shankar, Lal Mani and Rajendra. Out of this pedigree Moti, Ram Niranjan and Lalman since acquitted were accused in the incident in question alongwith present appellant. Ram Niranjan was litigating with the informant since prior to the murder of the deceased regarding agriculture land dispute and because of the said reason accused nurtured animosity with the deceased as he used to look after the litigation and was the sole earning member of the informant's family. On 10.10.1994 at 6.30 p.m. informant alongwith his son Jagdish (P.W. 2) were returning to their house from their agriculture field after plucking tomato and cauliflower saplings, when, from a distance of 30 to 35 paces, they saw all the accused Daya Shankar Kewat (armed with gadasa), his brother Lal Mani (armed with a sickle), their father Ram Niranjan and uncle Moti (both armed with lathis) standing near the cot of Dharamraj, who was indisposed and was sleeping in the verandah. By the time informant and his son Jagdish reached to a distance of 15 paces from the deceased appellant Daya Shankar twice assaulted Dharamraj from his gadasa and rest of the three accused instigated him to kill. Accused also moved toward the informant and Jagdish with an intention to cause harm to them but, because both the witnesses raised the hue and cry, they left the place of the murder and fled away. Informant Tilakdhari got a written report Ext. Ka-1 scribed by Ram Awadh D.W. 1, covered a distance of 8 kms. and lodged it at police station Sarpataha, the same day at 8.40 p.m. as crime number 149 of 1994, under Section 302, I.P.C.
(3.) HEAD Constable Surya Prakash Pathak, prepared the chik F.I.R., Ext. Ka-3 and the G.D. entry, Ext. Ka-4. S.O. Indrajit Singh was not present at the time of registration of F.I.R. and therefore, through Constable Indrajit Singh, he was informed about the crime. Investigating Officer conducted the inquest, made site plan, recorded the statements of witnesses under Section 161, Cr. P.C. and finding a prima facie case against all the accused charge-sheeted them vide Ext. Ka-14. P.W. 6 Devdhar Diwedi, had proved various documents prepared by Investigating Officer during the course of investigation as the Investigating Officer since dead could not be examined in the trial. Autopsy on the dead body of the deceased was conducted on 11.10.1994 at 3.30 p.m. by Dr. Ajaj Ahmad who found following injuries on the dead body of the deceased : 1. Incised wound sharp cutting wound 6 cm. x 5 cm. x bone deep on front of neck 10 cm. below the mandible. Clotted blood was present. 2. Sharp cutting wound 15 cm. x 4 cm. x bone deep on front of neck 1 cm. below injury No. 1. One day had lapsed since his death and rigor mortis was present in both the extremities. Internal examination had revealed that spinal vertebra of the deceased was cut. Head was attached with trunk through skin. Cause of death in the opinion of the doctor was shock and haemorrhage as a result of sustained injuries.;