Pritinker Diwaker, J. - (1.) This appeal arises out of impugned judgment and order dated 29.1.1988 passed by 1st Additional Sessions Judge, Mathura in Sessions Trial No.94 of 1987, convicting the appellants under Section 302/34 of IPC and sentencing them to undergo imprisonment for life. However, they have been acquitted of the charge under Sections 147 and 148 of IPC.
(2.) As per prosecution case, on 6.9.1986 a written report Ex.Ka.1 was lodged by (PW-1) Dal Chand, alleging in it that there was an old enmity between the accused persons and the deceased on account of a boundary (medh) of the agricultural field and due to the said dispute, on 6.9.1986 at about 6:15 am, when his cousin brother Chokhey Lal was ploughing his field, the accused persons caused several injuries to him by Farsa, Ballam and Club. While they were talking to each other, accused Ram Kishan was shouting for ensuring the death of the deceased. After hearing the voice of accused Ram Kishan, he along with his brother Ram Singh (PW-2) and one Lakkhi reached to the place of occurrence and seeing them, the accused persons entered into the sugarcane field. He states that when he reached near the deceased, he found him dead. Based on this report, FIR Ex.Ka.14 was registered on 6.9.1986 at 9:30 am under Sections 147/148/149 and 302 of IPC against the present accused persons and two acquitted accused, namely, Tej Ram and Kalyan.
(3.) Inquest on the dead body of the deceased was conducted vide Ex. Ka.7 on 6.9.1986 and the body was sent for postmortem which was conducted on 7.9.1986 vide Ex. Ka.2 by (PW-3) Dr. M K Srivastava. As per Autopsy Surgeon, following injuries were noticed on the body of the deceased: 1. Lacerated wound 3 cm x 1 cm x bone deep on the back of left side head 1 cm from left ear. 2. Incised wound 6 cm x 2 cm x bone deep on back left side forearm upper part front in direction. 3. Incised wound 5 cm x 1.5 cm x bone deep on back of left forearm upper part transverse in direction both bone cut. 4. Incised wound 8 cm x 5 cm x bone deep on back of left knee joint transverse in direction lateral anckle of femur cut top lateral blood vessels cut. 5. Abrasion 5 cm x 2 cm on outer side of left thigh middle part. 6. Abrasion 10 cm x 1 cm on outer side of left buttock. 7. Abrasion 11 cm x 0.5 cm outer side of left side abdomen. 8. Abrasion 8 cm x 0.3 cm outer side of right leg middle part. 9. Incised wound 3 cm x 1 cm x muscle deep back of left corm middle part vertical. 10. Incised wound 1 cm x 0.3 cm x muscle deep on back of right arm lower part. 11. Incised wound 4 cm x 2.5 cm x bone deep on back right shoulder transverse in direction upper and lateral part of scapula cut. Body smeared with mud front side at places. Cause of death of the deceased was due to coma.;