- (1.) S. K. Agarwal, J. These two criminal appeals No. Ill of 1980and 112 of 1980, filed by nine appellants, arise out of an order of conviction and sentence passed by the 1st Additional Sessions Judge, Shahjahanpur, on 11-1-1980. By the aforesaid order these appellants have been sentenced to undergo imprisonment for life under Sections 302/149,1. P. C. and rigorous imprisonment for one year under Sections 323/149, I. P. C. Accused Shiv Charan and Babu Ram were also convicted and sentenced to two years' rigorous imprisonment under Section 148, I. P. C. Ac cused Sita Ram, Pritam, Sri Krishan, Rameshwar, Hori, Bhupal and Shiv Raj Singh were also sentenced to one year's rigorous imprisonment under Section 147, I. P. C. All the sentences were to run concurrently.
(2.) THE brief facts of the case, as avail able from the record are as under: Shaherdev was murdered by the appel lants on 14-9-1978 immediately after the sun set. THE motive for the murder, as detailed in the F. I. R. and the evidence, is that the deceased had a quarrel with Sita Ram son of Jhaoo Lohar and Shiv Charan son of Bhupai on the issue of gambling. THE deceased beat the two on ac count of this. THE aforesaid two persons started nursing a grudge against him. Some six months before this incident. Shiv Charan and Sita Ram were arrested by the police of F. S. Katra for an offence under the Arms Act. Sita Ram and Shiv Charan, on being released on bail, told Shaherdev at the door of the first informant, Nanhey Lal, That they are instrumental in their arrest by the police and they will be taught a lesson. Since then Shiv Charan and Sita Ram were in the look out. of an occasion to assault him. This F. I. R. was lodged on 15-9-1978. A day before the lodging of the F. 1. R. all the aforesaid appellants, viz. Sita Ram and Pritam sons of Jhaoo Lohar, Sri Krishan son of Pritam, Rameshwar son of Hori. Hori son of Umrai, Bhupai son of Jai Lal, residents of village Khandsar, PS. Katra, district Shahjahanpur and Sri Raj Singh and Babu Ram, Samdhi of Pritam (father-in-law of (he son Sri Krishan ). Out of the aforesaid persons, according to the evidence, Babu Ram was armed with a gun and Shiv Charan son of Bhupai was armed with spear. Rest were armed with Lathis. Out of the appellants, these persons (six accused) reside in the same village of which the deceased was also a resident. As soon as the deceased come out of his house on 14-9-1978, after the sun set, all these persons, who were armed with gun, spear and Lathis, started belabouring him. The cries of Shaherdev attracted the informant, his son, Dodey Ram, and his wife, Ram Kumari. Apart from them, Bechey also reached the place of occurrence. The assailants also assaulted the witnesses, who came to save the victim. Sahardev, as a result of injuries caused to him by the appellants, breathed his last after a while. The F. I. R. of this incident was lodged next day at about 8. 36 a. m. by Nan hey Lal at PS. Katra, District Shahjahan pur Rais son of Babu Ram scribed it. This is marked as Ext. Ka-2 on the file. After the registration of the case the police arrived at the scone of occurrence and submitted a charge-sheet after completing the neces sary formalities in the Court.
(3.) THE injured persons were sent for medical examination. Nanhey, the inform ant, was medically examined at 2. 15 p. m. on 15-9-1978. Following injuries were found on his person. (1) Lacerated wound shaped 7 cm. x 3/4 cm. x scalp on left side head 6 cm. above left ear (2) Abrasion 3-1/2 cm. x 2 cm. on back of left shoulder. Bechey was also medically examined at 2. 30 p. m. on the same day and four injuries had been found on his person (two lacerated wounds, one abrasion and a swelling ). THE two lacerated wounds were on the shoulder. So far as Smt. Ram Kuwar, wife of Nanhey Lal, is concerned, no visible injury was found on her person, except complaints of pain on various parts of her body. She was medically examined at 2. 45 p. m. on the same day. Dodey was also medically examined on the same day at 3. 00 p. m. and three lacerated wounds, two of which are on the shoulder and one is on inner side forearm middle, as also swelling were found on his person during medical examination. In all nine injuries were found. All these persons were medical IN examined by the Superintendent. Male Hospital, Tilhar. Shahjahanpur. Autopsy was performed on the body of the deceased, Sahardev, on lft-9-1978 at 2. 30 p. m. An examination of the post-mortem report will show presence of a punctured wound brain cavity deep on the left side. Brain substance is coming out through the wound. Margin is clean cut. Apart from this injury, two more punc tured wounds were found on the person of the victim. They are injuries No. 7 and 14. As many as 14 bruise were caused on the person of the victim. It will be relevant to mention here that Shiv Charan son of Bhupai was, according to the evidence on record, armed with a spear and Babu Ram son of Hori Lal was armed with a gun. It is categorical opinion of the Medical Officer, conducting the autopsy That the death is caused due to haemorrhage and shock as a result of injury No. 1. The autopsy had been conducted by Dr. B. C. Paul, P. W. 7. The post-mortem further clearly shows haemor rhage and rupture of the lower surface of membranes of frontal lobe corresponding to injury No. 1, along with multiple fissured fracture at the frontal fossa. Thus injury No. 1, which is a punctured wound with incised edges, clearly is the injury resulting into the death of the victim.;