Akhil Kumar Srivastava, J. - (1.)These two appeals arising out of S.T.No.297/2008 are being disposed of by this common judgment.
(2.)Criminal Appeal No.727/2009 has been filed at the instance of accused-Madhav, whereas, Criminal Appeal No.1323/2009 has been filed at the instance of accused persons namely Raju Yadav and Sahodra Bai against judgment dated 28.03.2009 passed in Sessions Trial No.297/2008 by First Additional Sessions Judge, Sagar convicting the appellants under Section 302 read with Section 34 of IPC and sentenced them to undergo imprisonment for life and fine of Rs.2500/- each and in default, further imprisonment for six months.
(3.)The prosecution story, in brief, is that a report was lodged at Police Station Moti Nagar against the present appellants to the effect that on 13.05.2008 in the night at about 22:30, owing to some previous enmity with the deceased Pappu @ Nandkishore, the appellants, with intention to kill the deceased at Subedar Ward, near Puliya of Dubey Tal , Sagar, have assaulted the deceased with knife and lathi, as a result of which the deceased died. Co-accused Sahodra Bai took the deceased to Government Hospital. On being informed vide Ex.P-24, police reached at the spot. Police prepared Naksha Panchayatnama. Dehati Merg Intimation Ex.P-19 and Dehati Nalishi Ex.p-21 was prepared at the instance of co-accused Sahodra Bai. The dead body was sent for post-mortem whereon it was found that the cause of death was shock on account of excessive hemorrhage. On the basis of Merg Intimation Ex.P-19 and Dehati Nalishi Ex.P.-21 written at the instance of Sahodra Bai, Merg Intimation Ex.P-20 and FIR Ex.P-22 was registered against the witnesses namely Rooiya and Kailash. During investigation it was found that the incident was caused actually by present appellant on 15.05.2008. All the accused persons were arrested. Knife and Lathi used in the crime were seized at the instance of accused persons and accused Raju was sent for medical examination. Seized articles were sent to FSL, Sagar for examination. In the FSL report, it was found that human blood was present on the seized articles. Charge-sheet was filed against the accused persons.