JUDGEMENT
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(1.)U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 14-5-1981, passed by V Addl. Sessions Judge, Bareilly in Sessions Trial No. 447 of 1980, convicting the appellant Mindhai Lal, Nand Ram and Chokhey Lal under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life.
(2.)THE prosecution story, briefly stated, was that Bhawani Prasad father of Mool Chand deceased, had three brothers, himself, Hori Lal and Narain Lal, Lala Ram (P. W. 1), Khayali (P. W. 3) and Sewa Ram (P. W. 2) are grand-sons of Hori Lal. Mindhai Lal appellant is grand-son of Narain Lal. Chokhe Lal appellant is uncle of Mindhai Lal, while Nand Ram appellant is cousin brother of Mindhai Lal. Mool Chand deceased aged about 50 years was unmarried and issueless. He owned about 60-70 bighas of agricultural land. He was living with Lala Ram (P. W. 1 ).
On the night of 19/20-1-1980, Mool Chand, deceased was sleeping in verandah of Lala Ram (P. W. 1), which was open. Lala Ram (PW 1) had gone to his relation at village Pachpeda. In the night up to 3 a. m. Sewa Ram (P. W. 2) provided Chilam to the deceased and thereafter went to sleep. In the morning when Sewa Ram (P. W. 2) went to the deceased he was dead. Sewa Ram (P. W. 2) went to call Lala Ram (P. W. 1 ). He returned to his house at about 12. 00 noon and saw Mool Chand deceased lying dead in the Varandah of his Chaupal. There were injury marks on his neck. He came to police station Hafiz Ganj and informed the police about the death of the deceased. The information given by Lala Ram (P. W. 1) was endorsed at GD report Ext. Ka-1 at 5. 30 p. m. by Head Constable Mahesh Chandra Sharma. On getting the above information Shri Bishram Singh Katheria Sub-Inspector (P. W. 6) came to the spot in the night. Due to paucity of light no action was taken in the night and on the morning of 21-1-1980 Sri Bishram Singh Katheria (P. W. 6) conducted inquest of the dead body of Mool Chand deceased and prepared inquest report and other relevant papers. He sealed the dead body and sent it for post-mortem.
The autopsy on the dead body of Mool Chand deceased was conducted on 22-1-80 by Dr. P. K. Boss (P. W. 7), who found a contused abrasion all around neck more in front and back 31 cm x 4 cm. Blood under sub cutaneous tissues of the abrasion as ante- mortem injury and cause of death as asphyxia due to strangulation. He prepared post-mortem report Ext. Ka-8.
(3.)ON getting post-mortem report the case was altered under Section 302 IPC, vide GD report Ext. Ka-2, dated 23-1-1980.
The investigation of the case was taken up by Sri Veer Pal Singh (P. W. 5), who interrogated Lala Ram (P. W. 1), Sewa Ram (P. W. 2) and Khayali Ram (P. W. 3) and others. During investigation the name of the appellants came into light. The appellants were absconding. Process under Section 82/83 Cr. P. C. were executed against them and on completion of investigation a charge-sheet was submitted against them.
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