- (1.) The three appellants, namely, Modu and his two sons Padam and Gopal, have been convicted by the Additional Sessions Judge, Baran, by his judgment dated March 17, 1973, for an offence punishable under section 302 and Section 323 I.P.C. both read with section 34, for having committed the murder of one Hiralal and for voluntarily causing hurt to Mangilal P.W.1, in furtherance of their common intention. They have all been sentenced to imprisonment for life. During the pendency of the appeal, the appellant Modu has died.
(2.) The case of the prosecution, in brief, is as follows: On 17-5-1972 at about 5 p.m., when the deceased Hiralal, who was a bandmaster, came to the house of the accused Padam who used to play a clarionet, and asked him to accompany the band party for playing music at the house of Devilal Khanger, he refused to do so. Thereupon, there was an exchange of abuses between the accused Modu and his two sons Padam and Gopal on the one hand, and the deceased Hiralal and his brother Mangilal on the other. After this altercation, the three accused went inside their house and came armed with Lathis, They assaulted the deceased Hiralal and his brother Mangilal, who sustained multiple injuries on their person. The first information report Ex. P. 2 was lodged by Mangilal P.W.1 at police station Atru, on the next day i.e., on 18-5-1972 at 8 a.m., naming the appellants along with two others to be the assailants. On 22-5-1972, the deceased Hiralal ultimately succumbed to his injuries.
(3.) Dr. Rajendra Verma P.W.8, who performed an autopsy on the dead-body of the deceased Hiralal found that the deceased had the following external injuries : 1. Lacerated wound 1/2 x ⅙" x 1/4" on back of left fore-arm. 2. Abrasion 1/2 x 1/4" below left knee Cap. 3. Abrasion 1" x 1/4" above left medial malleolus. 4. Lacerated wound 1/2 x ⅛' x ⅛" on back of scalp close on left ear. 5. Lacerated wound 11/4" x 1" x ⅙" in pinna of left ear. 6. Abrasion 11/2 x 1" on left parietal region. 7. Contusion 5" x 1" on front of fore-head transversely. 8. Contusion 6'x 1" on left side of face in front of left ear. 9. Contusion over whole of front of neck on left and right side 6'x3*. 10. Abrasion 11/2" x 11/4' on right arm. 11. Abrasion 1" x 1" on right thigh laterally in upper part. 12. Abrasion 3/4" x 1/2' below right knee cap. 13. Ecchymosis around both eyes upper lower eye-lids. 14. Haemotoma over whole of left side of face corresponding to injury No. 8. On dissection, he found the following internal injuries : 1. Fracture of frontal left parietal and temporal bone. 2. Membranes torned. Brain injured corresponding to fracture. Bleeding present. There was fracture of left anterior cramial fossa. In his opinion, the death of the deceased was caused due to shock and haemorrhage resulting from the skull injuries.;