Ramesh Sinha, J. - (1.) The present criminal appeal has been preferred by the two appellants Ajai Kumar and Vijay Kumar sons of Kalicharan against their conviction and sentence by the trial court in S.T. No. 373 of 1982 by which they have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. to undergo imprisonment for life by the impugned judgment and order dated 14.10.1983.
(2.) The prosecution case in brief is that a first information report was lodged by Ramesh Chandra Vashistha against the 3 accused namely Kalicharan, Ajai Kumar and Vijay Kumar with an allegation that on 03.11.1981, the informant along with his brother Naresh Chandra and one Brij Mohan had gone to Mohalla Chhapeti to the house of Kalicharan Gupta at about 6.30 p.m. and in the presence of the informant, Naresh Chandra had demanded his money back from Kalicharan, due to which Kalicharan started quarreling and abusing and at that moment his two sons Ajai Kumar and Vijay Kumar along with 2-3 companions came there. The brother of the informant Naresh Chandra objected Kalicharan from abusing him and talked about money on which the two sons of Kalicharan and their companions made an assault with lathi-danda on Naresh Chandra. Brij Mohan tried to interfere and reconcile the matter who was also assaulted. Ajai Kumar and Vijay Kumar in order to kill Naresh Chandra started assaulting him who received serious injuries and at that moment Maharaj Singh S/o Paatiram, Haribabu Gupta, Keshav Gupta and other persons reached at the place of occurrence and on seeing them, Ajai Kumar and Vijay Kumar and his companions fled away leaving behind Naresh Chandra in a dying state. A written report was submitted by Ramesh Chandra Vashistha at the concerned police station for taking necessary action against the accused. He further stated in his report that as the condition of Naresh Chandra was serious hence he was admitted in the hospital. The said written report was got written by Ramesh Chandra Vashistha by one Iqbal Ahmad on 03.11.1981. On the basis of the report lodged by Ramesh Chandra Vashistha, a case was registered under Section 308 I.P.C. and subsequently on the death of the injured Naresh Chandra, the case was converted under Section 304 I.P.C. PW-11 Vijay Pal Singh, S.I. conducted the inquest on the dead body of the deceased and prepared inquest report Naksha Naas, Challan Naas and proved the same as Ex. Ka-10 to 12 and he also prepared a site plan which was Ex. Ka-13. Thereafter, the case was investigated by Sri R.P. Sharma, S.I. PW-9 who took up the investigation on 06.11.1981. The case was converted on 04.11.1981 under Section 304 I.P.C. on the basis of the report Ex. Ka-8, sent by Dr. V.K. Kakde about the death of Naresh Chandra. The Investigating Officer has submitted charge-sheet against the accused under Section 302 I.P.C. before the competent Court and the case was committed to the Court of Sessions by the Magistrate and the trial Court framed charges against the accused Ajai Kumar and Vijay Kumar under Section 302 I.P.C. whereby accused Kalicharan has been charged with Section 302 read with Section 34 I.P.C. who all denied charges and sought their trial.
(3.) The prosecution in support of its case has examined 12 prosecution witnesses to bring home the guilt of the accused i.e. PW-1 Dr. P.D. Naswani, PW-2 Dr. R.B. Sharma, PW-3 Brij Mohan Gupta, PW-4 Ram Kishore, PW-5 Maharaj Singh, PW-6 Ikbal Ahmad, PW-7 Radhey Shyam, PW-8 Dr. V.K. Khare, PW-9 R.P. Sharma, P.W.-10 Roop Singh, PW-11 Vijay Pal Singh and P.W.-12 Ramesh Chandra Vashistha.;