M. M. Lal, J. - (1.) THIS is an appeal against the judgment and order dated 24-6-78 passed by Sri R. P. Jain, the then Sessions Judge, Etawah, by which he has convicted Mahmood Ilahi, appellant under Sections 302/34 I.P.C. and has sentenced him to undergo imprisonment for life.
(2.) WHEREAS Ghulam Abbas deceased aged about 45 years was a resident of village Hajji Ka Purwa, P. S. Phaphund. Mahmood Ilahi appellant was resident of Mohalla Saidwara in village Phaphund. Ghulam Abbas deceased had, also a house in the said Mohalla Saidwara in village Phaphund. Sometimes Ghulam Abbas used to reside with his family in Mohalla Saidwara in village Phaphund. According to the case of the prosecution from 3 or 4 years prior to the date of the incident the appellant had developed illicit relation with Smt. Meraj Fatma wife of Ghulam Abbas deceased. The appellant used to visit the said lady in the absence of the deceased. The deceased had asked the appellant a number of times not to visit his wife and the same had also led to a quarral two or three times between Ghulam Abbas decessed and the appellant. About 5 or 6 month prior to this occurrence aforesaid Smt. Meraj Fatma had gone away with the appellant along with some cash and ornaments and had started living with in a house at Etawah. It is further the case of the prosecution that on 3-9-1977 at about 11/11.30 p. m. when Ghulam Abbas deceased was sleeping on a cot on a road adjoining to his maize field in village Hajji Ka Purwa, the appellant alongwith his three unknown companions came there and started beating Ghulam Abbas deceased with 'Lathis' as a result of which he sustained many injuries. A hue and cry was, raised which attracted Shabbir Hasan and Mashooq Ali, who were sleeping nearby on the same road, to the place of occurrence. When they chal lenged the assailants they ran away. The night of the incident was stated to be moonlight night.
(3.) ON the next day, i.e., 4-9-1977 at 8 a. m. Ghulam Abbas went to police Station Phaphund, where he lodged a report of the incident under Section 323, I. P. C.. Ghulam Abbas deceased then went to District Board Hospital at Pha phund, where his injuries were examined by a medical expert on the same date at 10 03 a. m. His medicai evidence revealed that he had sustained the following injuries : (1) Lacerated wound on upper border of occipital bone of skull. Trans- versaly measured 2| cm. x 2 cm x 1 cm margins were irregular. Discharge was serious. (2) Contused wound on right parietal region. 3 cm from upper border of pinna on right side of skull. Margins were not clear cut, clotted blood was present tender odeme was also present. Measured U era x 1 cm. (3) Contusion on right side of chest on lower ribs, measured 9 cm x 2 cm bluish in colour tender transgersely. (4) Abrasion right elbow joint on oleronen process measured 1 cm x 1 cm crest formed joint was tender. (5) Lacerated wound on left side of perineum measured 1 cm X 1 cm irregular margins. Blood clotted around the wound. (6) Contused wound on top left shoulder 1 cm x 1 cm x skin deep blood clotted around the wound. (7) Abrasion on left hypochondrium 2 cm X cm crest formed. According to the doctor except injuries Nos. 4 and 7 which were result of friction other injuries were caused by a blunt weapon, and at the time of examination were about half day old.;