Rajendra Saxena, J. - (1.) Appellant Kalyan Prasad alongwith his wife appellant Smt. Dulari and his nephew appellant Madan Mohan faced trial for offences under Section 302, IPC in the alternative u/s. 302/34 and u/s. 447, IPC, before the Additional Sessions Judge, Hindaun City, who by the impugned judgment dated 18.3.93 convicted Kalyan for offences under Sections 302, IPC and sentenced him to life imprisonment and fine of Rs. 50,000/- (fifty thousand), in default of payment of fine, to further undergo R.I. for seven years. The learned trial Judge, however, acquitted appellants Madan Mohan and Smt. Dulari for offences under Section 302 and 302/34 IPC but found them guilty for offence under Section 324, IPC and sentenced each one of them to simple imprisonment for one month. All the appellants have been also convicted under Section 447, IPC and each one of them has been sentenced to simple imprisonment for one month.
(2.) Stated in succinct relevant facts for disposal of this appeal are that in the morning of 3.7.1988, deceased Hiralal was removing the dried stem of plants from his field situated in the jungle of village Dughati. At about 9.00 a.m. appellant Kalyan Prasad, armed with a 'dharia, Madanmohan having a 'gandasi', Smt. Dulari armed with a daranti and appellants father Kishori armed with a lathi criminally trespassed into field of the deceased and they caused grievous and simple injuries on the latter's head, neck and other parts of his body, with the result that his general condition became precarious and critical. A written report Ex.P. 1 of the incident was lodged by Ramesh (PW 1), brother of the deceased, on the same day at 3.00 p.m. at Police Station Hindaun City, whereupon FIR Ex.P 2 for offences under Sections 447/307, 323/34, IPC was registered. Mukat Behari ASI (PW 10) rushed to the place of occurrence, where he found injured Hiralal lying in a pator situated in his field. Since his condition was serious, he was immediately sent to the Government Hospital Hindaun, where Dr. Shrinarainlal Bhardwaj (PW 12) declared him dead.
(3.) Mukatbehari ASI (PW 10) prepared site plan Ex.P 3 and lifted sample of blood stained soil and control sample of soil vide seizure memo Ex.P 6 and P 9 respectively. Offence under Section 302, IPC was added and further investigation was conducted by Rajendra Singh (PW 13), who prepared inquest report Ex.P 4 dated 4.7.88, memo of dead body Ex.P. 5. He also recorded statements of the alleged eye witnesses.;