BATESHWARI Vs. STATE O

JUDGEMENT

(1.) SUSHIL Harkauli, J. All the three appellants have been convicted under section 302/34 I. P. C. and have been sentenced to undergo life imprisonment by the impugned judgment and order dated 8. 9. 1982, passed by the VIII Additional Sessions Judge, Agra, in Sessions Trials No. 327 of 1980, 452 of 1980 and 441 of 1981 by a common judgment.

(2.) IN brief, the prosecution story is that on 18. 1. 1980 at about 6. 00 P. M. when the deceased, Mauji Ram, was returning to his house from the local market, he was stopped and caught hold of by accused Ram Babu and Shyam Babu and assaulted with knives by both the accused. Simultaneously, the father of the aforesaid two accused, viz. Bateshwari, and accused Cyan Singh son of Jinshi came up from behind the deceased and they also assaulted the deceased with knives. The deceased died on the spot as a result of the multiple injuries received on his person, and the accused ran away.

(3.) THE F. I. R. of the incident was lodged at 8. 10 P. M. on the same day at police station located at a distance of about 2 miles to the west of the spot of incident. THE Investigating Officer went to the spot at night but could not continue investigation because there was no light THE inquest report was prepared at about 7. 30 A. M. the next morning, i. e. on 19. 1. 1980 and the body sent for post-mortem. THE postmortem was conducted the next day, i. e. on 20. 1. 1980. In the post-mortem examination the following 15 injuries were found on the body of the deceased : 1. Incised wound 3/4" x 2/10" x 1/10" on the left side head 3-1/2" above left ear. 2. Incised wound 3/4" x 2/10" x muscle deep on the front of left forearm 3/4" below elbow. 3. Incised wound 2" x 9/10" x ulna bone (cut) on the back and inner of left forearm 4" below elbow. 4. Incised wound 1-1/2" x 4/10" x muscle deep on the front of right thigh 1-1/2" above knee. 5. Incised wound 1-1/2" x 3/10" x muscle deep on the inner side of left thigh 2-1/4" above knee.