B.N.SHUKLA, J. - (1.) This appeal is preferred against the judgment and order dated 24.3.1982 passed by Additional Sessions Judge, Budaun in Session Trial No. 282 of 1981 (State versus Hardwari and others) under sections 302/ 149 and 147 IPC relating to the Police Station Binawar District Budaun, whereby convicting the appellants under section 147, 302 read with Section 149 IPC and sentencing them to undergo one year rigorous imprisonment under section 147 IPC and imprisonment for life under section 302/149 IPC.
(2.) Briefly put the prosecution case is that Dhansi Kumhar, and accused are residents of the same village and 4-5 days prior to the incident, the goat of Hardwari accused was lost and thereafter it was found in the goat herd of Hansi Gadaria of the same village. On 19.1.981 at about 7.00 P.M. Hardwari and his brother Prem Raj came to the house of Dhansi and complained that his goat was stolen by him, this led to exchange of words. Then he informed that Rameshwar and Madan Lal might have given information and he was being unnecessarily abused. After abusing, Hardwari and Prem Raj returned back and Dhansi remained at his Chaupal and his son Ram Swaroop went inside. After 10-15 minutes, all the six accused persons arrived wielding lathies in their hands and started assaulting Dhansi at the place where he was sitting. On hearing his cry, Ram Swaroop came from inside the house as well as his uncle Pohpi, Narvir Singh, Netra Pal and Harish Chandra challenged the accused and then accused went back to their respective houses. The accused were identified in the moon light. Thereafter, Dhansi succumbed to his injuries in mid-night. The FIR was got lodged by Ram Swaroop after submitting a written report (Ext. Ka 1). S.I. Indrapal Singh (PW5) took the investigation of the case and visited the spot and prepared inquest report on the dead body of the deceased along with allied papers (Ext. Ka 3 to to Ka 7). He also prepared site plan Ext. Ka -8 and recorded statement of the witnesses and after investigation submitted the charge sheet (Ext. Ka 9). After inquest, the dead body of Dhansi was sent in a sealed condition along with allied papers by Investigating Officer S.I. Indra Pal Singh through the constables. The post mortem was conducted by Dr. Om Prakash Chimpa (PW4) on 21.1.1981 at about 3.30 P.M. He found the following ante-mortem injuries on the dead body:- 1.Abraded contusion 3 cm x 32 cm on the back & outer side of left elbow. 2.Abraded contusion 3 cm x 4 cm on the Rt. side forehead. Under the injury, there is Haematoma of 10 ml. blood present & fracture of Rt. Frontal Bone present. 3.Abraded contusion 1 cm x 1 cm on the middle of forehead. 4.Abraded contusion 4 cm x 2 cm 4 cm above the left ear. Under the injury, there is Haematoma of about 20 ml. blood present and fracture of left parietal bone present. 5.Abraded contusion 3 cm x 3 cm on the top of head. 6.Abraded contusion 2 cm x 2 cm on front of head 3 cm above injury no. 3.
(3.) In internal examination, doctor found fracture of right frontal and left parietal bones. He prepared post mortem report (Ext Ka 2). Doctor has given opinion that death was caused due to shock and haemorrhage as a result of ante mortem injuries.;