- (1.) THESE two appeals have been filed against a judgment dated 19-6-1978 passed by Sri L. S. Shukla, the then VI Addl. Sessions Judge, Shahajanpur by which he has convicted Jhaboo-appellants under Section 302 l. P. C. and Sita Ram and Nokhey appellants under Sections 302/34, I. P. O. and has sentenced each of them to undergo imprisonment for life and also to pay a sum of Rs. 500 as line.
(2.) SITA Ram appellant is the nephew of Nokhey appellant. Jhaboo appel lant is friendly to SITA Ram appellant and has also joint cultivation with him. The appellants and Chandra Pal deceased were residents of the same village Ratoli. P. S. Tihar district Shahajanpur. The mendh of the informant and Sita Ram appellant were common, 10-15 days prior to the incident, the said common mendh was broken, which gave rise to an alteration between Bhoop Ram informant and Chandra Pal deceased on one hand and Sita Ram appellant on the other hand. Sita Ram appellant is said to have advanced a threat at that time. According to the case of the prosecution Chandra Pal deceased and his wife Smt. Ram Wati were sleeping in the khapra in front of their "kothas" on the night between 20/21st November, 1976. A burning lantern was hanging on the northern side of the said khapra. At about mid-night, Jhabho- appellant armed wit gandasa, Nokhey-appellant armed with gun and Sita Ram bare handed came to the said khapra. Whereas Nokehy-appellant stood as a guard at the door, Sita Ram-appellant pressed his hand over the stomach of Chandra Pal. Jhabboo-appellant on his part hit the gandasa at the neck of Chandra Pal as a result of which he died at the spot. Smt. . Ram Wati had raised a hue and cry, which had attracted Bhoop Ram informer P. W. 1, Ram Bharosey P. W, 2 and Natthu P. W. 6 etc. to the place of occurrence. They had seen the appellants going away from the place of occurrence after committing the aforesaid crime.
(3.) IN support of its case, the prosecution examined P. W. 4 Smt. Ram Wati who gave an eye-witness account of the incident as also P. W. 1 Bhoop Ram. P. W. 2 Ram Bharosey and P. W. 6 Natthu, who were said to have seen the appellants going away after committing the aforesaid crime. The investigation of this case was conducted by P. W. 7 Matroo Singh. He also proved the lodging of the F. I. R. and registration of the case. The post-mortern examination of the dead body of Chandra Pal was made by P. W. 8 Dr. Sudhir Singh, the then Medical Officer, District Hospital Shahajanpur. He found the following ante-mortem injury on the dead body of Chandra Pal : "incised wound 14 cm. x 4 cm. in front of neck middle extending towards left side of neck. Cutting trachea, blood vessels and esophagus reaching upto the vertebra. ";