Imtiyaz Murtaza, J. - (1.)-These appeals have been filed against the judgment and order dated 28.4.2006, passed by Additional Sessions/ Special Judge (S.C./S.T. Act), Pilibhit in S.T. No. 661 of 2004 whereby the appellant Ram Deo has been awarded death sentence for an offence under Section 302, I.P.C. and appellants Sri Krishna and Ram Sharan have been sentenced to undergo imprisonment for life and a fine of Rs. 10,000 for an offence under Section 302/34, I.P.C. and in default of payment of fine to undergo further rigorous imprison-ment for one year. Reference is for the confirmation of the death sentence of appellant Ram Deo.
(2.)BRIEFLY stated the prosecution case is that the informant Mangoo Lal lodged the first information report alleging herein that Somwati wife of Murari Lal was teased by Ram Deo on the festival of Nagpanchami. His son Murari Lal had complained about this incident and Ram Deo became inimical. On 5.6.2004 he, his son Murari Lal, his wife Jagdevi were sitting with Mahipal Singh. At about 2.30 p.m. Ram Deo carrying banka alongwith Ram Sharan and Shri Kishan reached there. Ram Sharan and Shri Kishan caught hold of his son and Ram Deo started inflicting blows by banka. He, his wife and son raised alarm. Rajendra and Kali Charan and several other persons reached there and accused persons ran away. He brought his son in an injured condition to the hospital, but by the time he reached the hospital his son succumbed to his injuries. A written report had been lodged by Mangoo Lal at police station Pooranpur on 5.6.2004 at 4.30 p.m.
After registration of the case Anil Kumar Sharma, Senior Sub-Inspector commenced the investigation. He prepared the inquest on the dead body of Murari Lal, which is Ext. Ka-5. He also prepared photo lash, letter to R.I., letter to C.M.O., challan lash, sample seal, which are Exts. Ka-5 to 9. The dead body was sealed and despatched for post mortem examination. He also prepared the recovery memo of the collar of shirt of the deceased, which is Ext. Ka-10. He also prepared recovery memo of blood smeared and plain earth and prepared its recovery memo, which is Ext. Ka-11.

The post-mortem on the dead body was conducted by Dr. P. K. Mishra on 6.6.2004 at 3.15 p.m. and noted following ante mortem injuries :

1.Incised wound on left skull 16 cm. x 2 cm. x bone deep brain deep, 6 cm. above left ear. 2.Incised wound 16 cm. x 3 cm. over right cheek bone/cavity extending from 2 cm. below right angle of mouth to 5 cm. behind right ear. Pinna also incised in middle. 3.Incised wound 2 cm. x 2 cm. x bone deep, 2 cm. above injury No. 2. (Injury 2 and 3 meeting posteriorly). 4.Incised wound of 3 cm. x 2 cm., at right angle of mandible. 5.Incised wound of 10 cm. x 1 cm. x skin deep on back of neck at base. 6.Incised wound of 6 cm. x 2 cm. x bone deep on right shoulder joint top and posteriorly. 7.Bleeding form nose present.

(3.)IN the opinion of doctor cause of death was as a result of haemorrhage/shock/comma due to ante mortem injuries.
After the submission of charge-sheet case was committed to the Court of Sessions. The Sessions Judge framed charge under Section 302, I.P.C. and appellants Ram Sharan and Shri Krishna were charged under Section 302/34, I.P.C. They were further charged under Section 3 (2)/5 of S.C./S.T. Act.