Vijay Kumar Verma, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 25.3.1982 passed by the 3rd Additional Sessions Judge, Moradabad in S.T. No. 624 of 1979 (State v. Kalloo and others), whereby the appellant accused Kalloo @ Kalwa has been convicted and sentenced to undergo imprisonment for life under section 302 of Indian Penal Code (in short, 'I.P.C.'), and the appellants-accused Smt. Sharifan, Iliyas and Ali Husain have been convicted and sentenced to undergo imprisonment for life under section 302 read with section 34IPC
(2.) DURING pendency of this appeal, the appellants-accused Kalloo and Smt. Sharifan have died and hence, the appeal against them has been abated vide order dated 24.7.2007. The incident resulting in the death of Raunaq S/o Aziz (P.W.7), resident of village Ratanpur, P.S. Pakwara District Moradabad occurred in the intervening night of 28/29.9.1979. The dead body of the deceased was recovered from the court yard of the house of accused Smt..Sharifan, situated in village Mudhia Malookpur P.S. Munda Pandey, District Moradabad. The deceased was the son-in-law of accused Smt. Sharifan and was married to her sec ond daughter Shaqueena. Accused Kalloo was also the son-in-law of accused Shari fan, who was married to her eldest daugh ter. Accused Iliyas and Ali Husain are the sons of Smt. Sharifan. The First Information Report re garding the incident of committing the murder of deceased Raunaq was lodged at P.S. Munda Pandey by Chheda Lal (P.W. 1). S/o Bhoi Rai resident of village Mudhia Malookpur. It is alleged in the First Infor mation Report Ext. Ka 1 that Bhoj Raj, fa ther of the first informant Chheda Lal is the chaukidar of village Mudhia Malookpur. Due to his old age and short sight, the first informant was patrolling in the village in night of 28/29.9. 1979. He heard noise from the house of Sharifan at about 1.30 a.m., on which he reached there and saw that Raunaq S/o Aziz resident of village Ratanpur, to whom Sharifan's daughter is married, is lying dead in the courtyard. On inquiry, the first informant came to know that murder of Raunaq has been committed by his Sadhu Kalloo, mother- in-law Sharifan and both brothers-in-law Iliyas and Ali Husain by means of gandasa. Ram Pal Singh Thakur, Ahmad Husain and some other persons of village were present there.
(3.) LEAVING village people at the place of incident, the first informant Chheda Lal went to P.S. Munda Pandey and gave oral information about the incident. On the ba sis of that information, the then head mo-harrir Jhamman Lal ( P.W. 4) prepared chick FIR Ext. Ka 1 and registered a case under section 302 IPC at Crime No. 181/1979 on 29.9.1979 at 3.10 a.m. against (1) Kalloo (2) Sharifan (3) Iliyas and (4) Ali Husain. Entry in G.D. No. 5 Ext. Ka 3 was also made at the same time about registra tion of the case. S.I. Iqbal Ahmad Zaidi (P.W.6) was present at P.S. Munda Pandey at the time of registration of the FIR. The investi gation of the case was entrusted to him. He recorded the statement of Chheda Lal at police station itself and thereafter pro ceeded to the place of incident along with other police personnel. After reaching on the place of incident, the inquest proceeding on the dead body of deceased was con ducted by him on 29.9.1979, during which inquest report Ext. Ka 4, photo lash Ext Ka 5, challan lash Ext Ka 6, letter CMO Moradabad Ext. Ka 7, letter R.I. Ext. Ka 8 and seal impression Ext. Ka 9 were pre pared and thereafter the dead body in sealed condition was sent through the con stables Tota Ram (P.W.2) and Jalim Singh for post-mortem examination, which was conducted on 30.9.1979 at 12.00 Noon. The genuineness of post-mortem report Ext. Ka 7 has been admitted by the defence counsel. Hence this report is admissible in evi dence. According to the post-mortem re port, the following ante-mortem injuries were found on the person of deceased. (1) Incised wound on the scalp right side...(illegable) 2 cm. x 1 cm x muscle deep. (2) Incised wound on the middle of scalp 2-1/2 cm. x 1 cm x muscle deep (3) Incised wound on the back of neck in the middle line 4 cm x one and half cm. x muscle deep. (4) Incised wound on the side of neck on right side 2 cm x 1 cm x muscle deep, 4 cm behind the right auricle. (5) Incised wound on the right side of neck, 3 cm x 1 cm x muscle deep size 1 cm behind right auricle. (6) Incised wound on the right side of base of neck 4 cm skin deep. (7) Incised wound on the tip of right shoulder 6 cm x 0.1/2 cm x skin deep. (8) Incised wound on the neck (left side) 9 cm x 3 cm x muscle deep, 5 cm in front of right auricle. (9) Incised wound on the chest 4 cm x 1-1/2 cm x muscle deep at the right side of sternum (ulterior). (10) Incised wound on the meddle of shaft of left lower arm 7 cm x 3 cm x muscle deep. (11) Incised wound on the left side of left scapula 8 cm x 1/2 cm x skin deep. (12) Incised wound on the front of left scapula 12 cm x 1/2 cm x skin deep. (13) Incised wound on the left lumber region 5 cm. x 1/2 cm. x skin deep. (14) Incised wound on the right wrist 5 cm x 3 cm x bone deep underlying bone fractured. (15) Incised wound below the lower lip 7 cm x 1/2 cm x skin deep. (16) Incised wound at the left side of right nostril 2 cm x 1 cm x skin deep. In the opinion of the Medical Officer, who conducted the post-mortem examina tion, the death was caused about one and half day back due to shock and haemor rhage as a result of multiple ante-mortem injuries.;