- (1.) THIS appeal is directed against the judgment and order passed by Mr. D. N. Shukla, the then First Additional Sessions Judge of Banda on 22-9-1978. He found the appellants guilty on a charge under Section 302 read with 34 of the Indian Penal Code and also under Section 323/34, I. P. C. and convicted them accordingly but refrained from passing any order under Section 323 read with 34, I. P. C. . and limited his order of sentence to Section 302 read with 34, I. P. C. . and punished the appellants with imprisonment for life.
(2.) DURING the pendency of this appeal, Ram Dutt-appellent was reported to have died. An enquiry was made and the report of the Chief Judicial Magistrate having been accepted, his appeal was directed to abate. The appeal remained only on behalf of Ram Lakhan and Mukund Lal. The occurrence took place on 6-10-1975 at about 4. 00 p. m. in the agricultural area of village Sidhpur alias Singhpur within the area of police station-Karvi of district-Banda. The first information report was lodged at 6. 00 p. m. the same day at a distance of three miles at police station Karvi by Mool Chand brother of the deceased Natthu. The report was originally taken down under Section 307 of the Indian Penal Code, but subsequently when Natthu Against the Judgment and Order of Shri D. N Shukla, 1st Additional Sessions Judge, dated 22-9-1978 in Sessions Trial No. 123-A of 1976. died in the hospital, a report to that effect was received in the thana and the report was altered to one under Section 304 of the Indian Penal Code. The prosecution story is that the informant Mool Chand was carrying out agricultural operation in the field of Natthu. Natthu was also present and grazing his cattle in the same field. Two ladies namely Smt. Umaria brother's wife of the informant Mool Chand and Km. Khimli-his niece were also present near about plucking grass. It so happens that the agricultural field in which the belonging was going on, is adjacent to another agricultural field belonging to Ram Dutt original appellant No. 1, and in between there was a mend (boundary ). The allegations are that while belonging was proceeding, Ram Dutt along with his two sons Ram Lakhan and Mukund Lal both appellants armed with lathis came on the spot. Ram Datt approached Natthu and charged him of having broken and demolished the mend and having encroached upon his land. Natthu denied this allegation and said that the plot can be got measured. This did not however satisfy Ram Dutt, who called his two sons Ram Lakhan and Mukund Lal and asked them to start the beating. It is said that upon this exhortation. Ram Lakhan and Mukund Lal as well as Ram Dutt (since deceased) all armed with lathis fell uon Natthu and gave him a thorough beating causing him a large number of injuries. When Mool Chand went to save the situation, he was dealt lathi blows by the three persons and he also received injuries. Meanwhile on the cries of Mool Chand, Natthu and the two ladies, some persons including Surrendra Nath Singh and Satya Narain Singh came on the spot and the accused-appellants are said to have run away.
(3.) NATTHU was transported to the Male-Female Hospital Karvi where Dr. Raj Naraia Gupta examined him for his injuries on 6-10-1975 at 8 30 p. m. and noted his injuries in the injury report. The injured was found having received one lacerated wound 4 cms. x 1 cms. X bone deep on the right side of the head 9. 5 cms. above the ear with swelling around the wound in an area of 8. 5 cms. X 6 cms. The wound was obliquely placed, which was bleeding and X-ray was advised. He had also aorasions with swelling in an area of 21 cms, x 9 cms. on the outer aspect of the left arm extending from middle of the arm lower down to the fore arm, This was also placed obliquely (but looked almost vertically placed ). It was red in colour. X-ray was advised. There was a third injury which was a lacerated wound in an area of 4. 5 cms, x 1. 5 cms. x bone deep on the front of the middle of left leg. It was vertically placed and was bleeding. Last injury was a bruise with swelling 5 cms x 3 cms, on the front of left Ig 3 cms. above the injury No. 3. For it also X-ray was advised. General condition of the patient was poor. Pulse was not perceptible at wrist, Pupils were constricted. Vomitting was present. There was restlessness also. After the demise of Natthu in the hospital, postmortem on his dead-body was also conducted by the same doctor on 7-10-1975 at 2. 05 p. m. The postmortem report is Ext. Ka-19. The four injuries which were found earlier and had heed noted in Ext. Ka-20, have been repeated in the postmortem examination report also with the addition that under injury No. 1, which was on the head, the underlying bone had been fractured and the internal examination revealed depressed fracture of the right parietal extending to the temporal bone. The membranes were lacerated under this injury. The brain was congested and blood clot was present on the surface of the brain under injury No. 1. In the opinion of the doctor, this was the falal injury and the death was due to come caused by this injury.;