(1.) THIS appeal is directed against the judgment and order dated 27-5-81 passed by Sessions Judge, Sitapur convicting accused-appellant Bisram son of Baldeo and awarding a sentence of imprisonment for life under section 302, IPC. The appellant No. 2, Ghurai son of Dorey has also been convicted and sentenced to imprisonment for life under section 302/34 IPC.
(2.) BRIEFLY stated, the prosecution case is that Bisram accused wanted to sell some land of which Smt. Moola was also co-tenure holder. She did not agree to it till the formal partition was done. Since Smt. Moola did not agree to sale being done without formal partition of the joint land and so Bisram could not sell the land. Smt. Moola also filed a suit for partition on 4-2-1980; a copy of the plaint is Exhibit Kha-12. Due to all this, Bisram bore ill-will against Smt. Moola. This joint chak land of Bisram and Smt. Moola is said to be situate towards west of village Tikra at a distance of about four furlongs. To the north of this chak lies the field of one Sridevi and to its north is the canal. There is a Mend dividing the joint chak and on the eastern side of the Mend lies the field of Bisram and on the western side of it is the field of Smt. Moola. It appears that the chak was mutually partitioned in the said manner.
(3.) POST-mortem was conducted by Dr. L. P. Shukla, Medical Officer, District Hospital, Sitapur on 26-9-1980 at 3.00 P. M. Dr. L. P. Shukla was not examined in the case, but genuineness of the post-mortem report was admitted by the learned counsel for the accused persons. It was exhibited as Exhibit Ka-11 according to it the probable time of death was about one day. On external examination it was found that the body was of an aged female of average built, head severed from the trunk completely. Rigor mortis has passed from the upper and was passing from the lower extremities. The right eye was open and left closed and the mouth was closed. Abdomen distended, greenish discolouration present in both the iliac fossa. The following antemortem injuries were found on the dead body :- 1. Incised wound 15 cms x 14 cms through and through the neck at the level of 2nd cervical vertebra cut through and through, lobe of the left ear cut through and through, both sides carotid vessels, all muscles, all ligaments and other structures in the neck region cut through and through, left side mastoid bone cut. Head and neck severed from the trunk in four strokes. Neck circumference 15 cms. x 14 cm with half lobe of the ear attached with skin of neck. 2. Incised wound 4 cms x 1/2 bone deep on the dorsal aspect of the proximal phalanx of the index finger of left hand.