Ravindra Nath Kakkar, J. - (1.)This appeal has been preferred against the judgment and order dated 19.9.1983 passed by Sessions Judge, Lalitpur in Session Trial No.28 of 1983, convicting the appellant under Sec. 302 I.P.C. and sentencing him to undergo life imprisonment.
(2.)Briefly narrated, the prosecution story is that Khalak and Bhaggi were residents of the village Chandera, P.S. Narahat. On 3.7.1982 Balkishan son of Khalak aged about 8 years and Bhaiyan son of Bhaggi Yadav aged about 9 years had come to blows on Jamun fruits. Both of them had complained to their mothers about the incident, with the result there were verbal altercations between two ladies. Buddhe, the complainant, had intervened, with the result that the matter had come to an end but it appears that the incident had created bad blood among themselves. On the next day at about 6.00 A.M. in the morning Khalak father of one of the boys and brother of Buddhe complainant was coming towards his house after attending the nature's call. Lachhman, brother of the other boy, and son of Bhaggi came with lathi and near the field of Uddet started assaulting Khalak with the result Khalak fell down and raised alarm for help. Buddhe reached on the spot and tried to stop. The villagers also collected there. Accused Lachhman threatened to assault Buddhe, but due to presence of villagers he managed to escape towards west. It also transpires that when the injured Khalak was being taken to Police Station (Thana) and was near the place of Khargaun Deota they met Hardas and Bharose who were apprised about the incident and by that time at about 6.30 A.M. all seven accused, namely, Lachhman, Kailash, Kashi Ram, Hanumat, Pratap, Viran and Sudde came armed with lathis and tried to obstruct the complainant from going to police station. It also transpires that Hardas and Bharose had persuaded the accused to give them the weapons (lathis). All the accused went away. Out of fear the complainant along with his injured brother lying on cot returned to his house and on being serious condition of the injured the complainant along with Hari Ram, Budde, Jumuna and Rajendra Singh (Pradhan) again started for the police station (Thana) at about 9.00 A.M. But, Khalak, however, succumbed to his injuries.
(3.)Written report Ex.Ka-1 was lodged at the Police Station. Harihar Singh, Head Constable scribed the chek Ex.Ka-13. On the basis of written report Ex.Ka-1 the case was registered in the G.D. Ex.Ka-14. Sri Madan Lal Yadav P.W.7, who was present at the time when the report was lodged, took up the investigation and recorded the statement of Head Constable Harihar Singh. He visited the site and prepared the inquest report Ex.Ka-3, challan lash Ex.Ka-4, photo lash Ex.Ka-5, report to R.I. Ex.Ka-6, letter to C.M.O. Ex.Ka-7, report for return of clothes Ex.Ka-8 and specimen seal Ex.Ka-9. Thereafter, the dead body was sealed and was sent through Constable Shiv Kumar and others with relevant papers for the purpose of conducting post mortem. The cot was given in the supurdgi of the complainant and the fard thereof was prepared as Ex.Ka-2. Simple and blood stained earth Exs.III and IV were collected from the spot and fard Ex.Ka-18 was prepared. Hardas and Bharose handed over one ballam Ex.VII and six lathis Exs.VIII to XIII which were snatched from the accused and were sealed, the fard thereof Ex.Ka-19 was prepared. Thereafter, site plan Ex.Ka-20 was prepared. The statements of witnesses were recorded under Sec. 161 Crimial P.C. The place of incident was visited and its map Ex.Ka-21 was prepared. From the place of occurrence blood stained and simple earth soil were taken and exhibited as Exs.V and VI and the fard thereof was prepared which is Ex.Ka-22 on record. It also transpires that on the next day Sudde was arrested. Thereafter statements of the other witnesses were recorded and on 11.7.1982 accused Lachhman, Kailash, Hanumat, Pratap and Viran were arrested. Accused Kashiram surrendered in the court and after completion of the investigation the Investigating Officer submitted charge sheet against all the seven accused which is Ex.Ka-23 on record.