- (1.) THE appellants, Binda Thakur, Umesh Thakur and Naresh Thakur, were arrayed as A1 to A3 and were tried and convicted under Section 302 read with Section 34 I.P.C. On being found guilty under the said sections, they were sentenced to imprisonment for life. They were also sentenced to imprisonment for three years under Section 201 I.P.C. On being found guilty under Section 323 I.P.C for causing simple injury, each of them was sentenced to imprisonment for six months. The present appeal is against the said conviction and sentence.
(2.) A 1 Binda Thakur is the father of A2 Umesh Thakur and A3 Naresh Thakur. On 9.7.1995 at about 4.00 p.m., the deceased Bhupat Thakur returned home with mutton. His wife Sanjho Devi, P.W.8, was in the house. At that time, the deceased saw the wife of the first appellant allowing goats to graze in his field. He questioned the wife of the first appellant and a quarrel ensued between them. At that time, A1 to A3 went there armed with cycle chain and sabbal. On seeing them the deceased ran towards Koshilwa Pahari. At about 7.00 or 8.00 p.m., A1 to A3 once again went to the house of the deceased and questioned P.W.8 as to where her husband is. They searched for her husband and thereafter assaulted P.W.8. The accused left the house and went towards a pond where her husband had gone earlier. P.W.8 was in the house waiting for her husband to return home. Her husband did not return. In the meantime, the accused, who were passing by the side of the house of P.W.8, informed her that they have murdered her husband. P.W.8 went in search of her husband and searched for him for about two days. While she was searching for her husband, she saw a crowd at a pond, she went there and found the body of her husband floating. She identified the body and went thereafter to the Police Station and gave fardbeyan, Ext.4, which was registered as a crime under Ext. 3. Investigation in the crime was taken up by the Police Officer (investigation conducted by the said Officer was spoken by P.W.15, his successor). During the investigation, inquest was conducted and the body was sent to the hospital for post mortem. On receipt of the requisition and the dead body, Dr. R. Choudhary, P.W.14, conducted autopsy and found no external injury as the body was in highly decomposed stage. He issued Ext.2, the post mortem certificate, with his opinion that he could not give the cause of death.
(3.) AFTER the completion of investigation, final report was filed against A1 to A3, who denied all the incriminating circumstances.;