- (1.) M. C. Jain, J The appeal arises out of the judgment and order dated 14-7-80 passed by the then Sessions Judge, Jalaun at Orai in ST No. 36 of 1980. The appel lants are Kamal, Sarju and Durg who are real brothers. Kamal has been convicted under Section 302, IPC whereas Sarju and Durg have been convicted under Section 302 read with Section 34, IPC. All the three accused appellants have been sentenced to life imprisonment.
(2.) THE murder of one Ratan son of Badlu is involved in the case. THE incident took place on 3-11-79 at about 3 p. m. in front of the house of Babu Ram Bhat-tewala in Mohalla Tulsi Nagar, Orai. THE report was made by the victim's father Badlu, an eye-witness, the same day at 4. 15 p. m. THE case of the prosecution was that on fateful day a'nd time, the informant Badl. u, his wife and son Ratan were going to the market. Ratan was going a little ahead to fetch diesel, while Badlu and his wife were going to purchase sundry ar ticles. When Ratan reached in front of the house of Babu Ram Bhattewala in Mohalla Tulsi Nagar, all the three accused who are the own brothers of Badlu, suddenly stopped and surrounded Ratan. Kamal fired with his pistol severely injuring Ratan. He fell on the ground. Sarju and Durg were armed with lathi and axe respec tively. Badlu and his wife raised alarm which attracted Babar Ali and Siya Ram who rushed to the spot, but all the three accused made their escape good. Badlu got a report of the incident scribed by one Ravindra Singh Sengar and took Ratan to Kotwali, where he handed over report at 4. 15 p. m. A case was registered under Sec tion 307 IPC, Ratan was immediately sent to Sadar Hospital, Orai for medical ex amination and treatment, which was done by Dr. R. K. Khatter PW 6. THE condition of Ratan being low, a Magistrate was in formed for recording his dying declara tion, which was done by Sri O. K. Tandon PW 5 the same evening and thereafter, Ratan was sent to Kanpur for expert treat ment but he succumbed to the injuries before reaching the hospital there. THE case was converted from Section 307 IPC, to Section 302 IPC. THE investigation was made by Inspector Deg Raj Singh PW-7 and ultimately charge-sheet was submitted against all the three accused-appellants. On being committed, they were tried. THEy pleaded false implication. The prosecution examined eight witnesses in support of its case, out of them Badlu PW 1, Siya Ram PW 2 and Manni Lal PW 3 were the eye-witnesses, Rest were two doctors, IO and Head Constable. No evidence was tendered by the accused persons. It may be stated here that initial medical examination of Ratan was ex amined by Dr. R. K. Khatter PW 6 in Dis trict Hospital, Orai on 3-11 -79 at 4. 40 p. m. The injuries found on his persons were of firearm. Post-mortem over the dead body of the deceased was conducted by Dr. A. N. Singh PW Sat Kanpur on 5- 11-79 at 10. 05 p. m. The following ante-mortem injuries were found on his person :- (1) Fire-arm wound 1 cm x 1 cm x cavity deep 7 cm below and outer to right scapula on posterior axillary line. Blackening and tattooing present. (2) Fire arm wound multiple 3/10 cm x 3/10 cm x muscle deep in area of 9 cm x 8 cm on posterior axillary line with balckening and tatooning. Six pellets recovered. (3) Fire-arm exist wound 1 cm x 1 cm on the left side of the front of chest near epigastrium 8 cm below left nipple. (4) Fire-arm wound multiple in area of 5 cm x 4 cm on the back of right upper arm with blackening and tattooing above the right elbow.
(3.) THE death had occurred due to shock and haemorrhage as a result of ante-mortem injuries sustained by the deceased. Learned Sessions Judge believed the prosecution case and evidence. He accordingly convicted and sentenced them as slated in the opening paragraph of this judgment. Aggrieved, they filed the appeal. On record, the accused-appellants are represented by Sri Rajesh Ji verma and Sri P. K. Verma, Advocates. However, none turned up from the side of appellants to argue the appeal at the time of hearing in spite of repeated calls. We have heard the learned AGA from the side of the State and Sri Sudama Ji Sandilya who has ap peared from the side of complainant. We have also carefully gone through the evidence and material on record.;