Vivek Chaudhary,J. - (1.) Instant appeal is preferred to challenge the judgment dated 20.10.1981 passed by learned Sessions Judge, Sultanpur in Sessions Trial No. 255 of 1981.
(2.) Learned Sessions Judge by the judgment impugned recorded conviction of the accused-appellants for an offence under Section 302 read with Section 34 I.P.C. and awarded sentence to undergo life term imprisonment.
(3.) Facts of the case as unfolded in the judgment impugned are that on 19.05.1981 at about 08:30 p.m., a first information report (Exhibit Ka-1) was registered at Police Station Musafirkhana, Sultanpur at the instance of Sri Faiyaz Ahmed (PW-1). As per the contents of the first information report, the accused persons on 19.05.1981 at about 06:00 p.m. thrashing mango fruits from the trees said to be under the tenancy of deceased Niyaz Ahmed. Smt. Kitabul Nisan (PW-2) wife of Niyaz Ahmed objected the same but of no consequence. Sri Niyaz Ahmed at that time came to the spot of occurrence and he was armed with a licensed gun. He too objected the accused persons and, while doing so, certain hot altercation took place. The accused persons assaulted Niyaz Ahmed with the aid of lathis and during course of that, the gun carried by Niyaz Ahmed was also broken. Several lathi blows were given to Niyaz Ahmed and, as a consequence to that, he died at the spot. On basis of the information aforesaid, a case was registered and investigation commenced. During the course of the investigation, the Investigating Agency prepared an inquest and also subjected the corpus of the deceased to autopsy. As per the post mortem report (Exhibit Ka-17), the corpus was having following injuries:- "1. L.W. 6 cm. x 1.5 cm. x scalp deep on the left side head paring from middle of left ear certiledge left ear heavy the wound. 2. L.W. 3.5 cm. x 1 cm. x scalp deep on the backside of head and 3 cm. back side of left ear. 3. L.W. 4 cm. x 1 cm. x scalp deep on the mid occipital region of head. 4. L.W. 3.5 cm. x 1 cm. x scalp deep on the left occipital region of head. 5. L.W. 2.5 cm. x 1 cm. x scalp deep on the left occipital region of head 3.5 cm. back wound to injury no. 2. 6. L.W. 3 cm. x 1 cm. x scalp deep on right occipital region of head. 7. L.W. 3 cm. x 1 cm. x muscles deep on the rt. head upper front. 8. L.W. 2.5 cm. x 1 cm. x muscles deep on the left temporal region of head over the outer side of cortilige of left ear present. 9. Abrasion 3.5 cm. x 5 cm. over the left for head middle. 10. L.W. 0.5 cm. x 3 cm. x 0.2 cm. over the outer side of left eye. 11. Several small abrasions in an area of 8.5 cm. x 3 cm. on the left region. 12. Contusion 4 cm. x 2 cm. over the outer side of rt. elbow joint. 13. Abrasion 2.5 cm. x 1 cm. over the rt. upper chest 7 cm. above the rt. nipple. 14. Abrasion 3 cm. x 0.3 cm. over the left front middle. 15. Abrasion 1.5 cm. x 0.5 cm. over the rt. leg front middle. 16. Abrasion 0.5 cm. x 0.2 cm. over the rt. thumb front middle. 17. Abrasion 6 cm. x 3 cm. over the left side back middle." ;