A.K.ROOPANWAL,J. - (1.) - This Criminal Appeal has been filed by the appellants challenging the validity and correctness of the judgment and order dated 30.11.1999 passed by the Sessions Judge,Mau in S.T. No. 93 of 1998 convicting and sentencing the appellants under Section 302 read with Section 34 IPC to imprisonment for life.
(2.) THE facts as culled out from the record are that there was a dispute between Udayee Singh, deceased, the grand father of the first informant Sri Vinit Kumar, P.W.1 and accused appellants, who are the nephews of the deceased, over landed property for a long time. The occurrence took place on 17.2.1998. It is stated that at about 6.30 A.M. accused Amresh Singh was prevented by deceased Udayee Singh from passing over the Khoiya spread infront of his house. On this Amresh Singh hurled abuses to Udayee Singh and the mother of the informant. When they protested, Amresh Singh went towards his house on the same day at about 7.30 A.M., when Udayee Singh was giving fodder to his cattle, Amresh Singh armed with lathi and axe and his brother Ram Awadh Singh armed with Danda came to his house. They assaulted Udayee Singh, who tried to run away but was caught hold of by the accused appellants. Accused Amresh Singh inflicted blows with "tangi"(a sharp edged weapon) and Ram Awadh used Danda for beating him. Udayee Singh fell on the ground and was again inflicted repeated blows with the Tangi on his face. When mother of the first informant Smt. Kalwati tried to intervene and save Udayee Singh, was also caught hold of by the assailants and beaten with "danda and tangi". Both the victims succumbed to the injuries received in the incident.The first informant, his brother and grand mother were in the mean time, crying for the help but no one came forward. A written report of the occurrence ( Ex.Ka-1) was prepared by Sri Vinit Kumar Singh, P.W.1 and was given at the Police Station Mohammdabad. Sri Rana Pratap Singh Constable Moharrir of P.S. Mohammdabad prepared the chick FIR ( Ex.Ka-8) on its basis and registered the same on the same day at 9.30 A.M. Its entry in the G.D. was made at sl. no.12 at 9.30 A.M., which was exhibited as Ex.Ka-9. S.I. Sri Balbir Singh prepared the inquest reports of the dead bodies of Udayee Singh and Smt. Kalwati, which are Ex.Ka-10 and Ex.Ka-11 respectively. After necessary documentation, the dead bodies were sent for post mortem examination which was conducted by Dr. R.P. Singh, the Medical Officer of District Hospital, Azmagarh on 18.2.1998 at 4.30 P.M.which were exhibited as Ex.Ka-6 and Ex.Ka-7 respectively. Sri Kripa Shankar Shukla, P.W.5 investigated the case. He inspected the spot and prepared site plan ( Ex.Ka-20) of deceased Smt. Kalawati. He prepared fard ( Ex.Ka-3) of the hair. He also prepared Fard Ex.Ka-4 and Ka-5 in respect of blood stained and simple earth collected from the place of occurrence where the dead bodies were lying. The blood stained axe was recovered on 19.2.98 on the pointing out of accused Amresh Singh of which fard Ex.Ka-2 was prepared.Site plan of the place of recovery of axe Ex.Ka-21 was prepared and after completing the investigation he submitted chargesheet (Ex.Ka-22) against the accused appellants. The accused appellants were charged under Section 302/34 IPC . They pleaded not guilty and claimed to be tried.
(3.) THE prosecution in order to prove its case examined five witnesses namely, P.W.1, Sri Vinit Kumar Singh, P.W.2 Shrawan Kumar Singh, P.W.3, Dr. R.P. Singh, P.W.4 Sri Ram Pratap Singh and P.W.5 Sri Kripa Shankar Shukla.;