MEMBAR PAL & ANOTHER Vs. STATE

JUDGEMENT

(1.) Heard Sri R.P.S. Chauhan, learned counsel for the appellants and Sri Awadesh Narayana Mulla, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred by the appellants, Membar Pal and Satyendra Singh, against the judgement and order dated 28.03.1987 passed by Ist Additional Sessions Judge, District- Shahjahanpur in Sessions Trial No. 183 of 1986, State Vs. Membar Pal and Another, convicting and sentencing the appellant no. 1, Membar Pal to imprisonment for life u/s 302 I.P.C. and three months rigorous imprisonment u/s 323/34 I.P.C. and appellant no. 2, Satyendra Singh to imprisonment for life u/s 302/34 I.P.C. and three months rigorous imprisonment u/s 323 I.P.C. Both the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that on 26.01986 at about 5:30 p.m. while the festival of Holi was being celebrated, Satya Pal Singh, nephew of Shiv Pal Singh, in an inebriated state, pushed Bhumi Raj Singh, father of Satyendra Singh (A2) and on coming to know about the aforesaid incident, Satyendra Singh (A2) and his cousin brother, Membar Pal (A1) got very angry and after abusing Satya Pal Singh, started searching for him with the object of teaching him a lesson. When Yudhisthir and Shiv Pal Singh came to know that the appellants were looking for him, they along with their cousin brother, Rameshwar went to the house of the appellants and chided them for abusing Satya Pal on the auspicious occasion of festival of Holi which resulted in an altercation between them and which was followed by the appellants attacking them with lathis. It was alleged that Membar Pal (A1) dealt a lathi blow to Yudhisthir and when Shiv Pal Singh tried to save him, Satyendra Singh (A2) gave him lathi blows causing injuries to Shiv Pal Singh also. The occurrence was witnessed by Bishnu Dayal and several other villagers. After the occurrence, P.W.2 Shiv Pal Singh left for the police station which was at a distance of about six miles from the place of occurrence in a bullock cart together with Yudhisthir who was unconscious. Yudhisthir died on way to P.S.- Paraur on account of which Shiv Pal Singh returned to the village. There he got the written report of the incident scribed (Ext.Ka.2) and sent it to the police station through Rameshwar who lodged the same at P.S.- Paraur, District- Shahjahanpur at about 11:30 p.m. on the same day. The police registered a case u/s 304 I.P.C. against the appellants and P.W.5 S.I. Chhutanna Singh took up the investigation of the case in his hands and immediately reached the place where the dead body of deceased Yudhisthir was kept in village- Khajuri, prepared the inquest report of the dead body of Yudhisthir (Ext.Ka.4) and other necessary papers (Ext.Ka.5 to Ka.9) and dispatched his dead body in a sealed cover to Budayun mortuary for conducting postmortem. He inspected the place of occurrence and prepared the site plan and also recorded the statements of the witnesses present. The autopsy on the body of the deceased was conducted by P.W.6 Dr. S.R. Gupta, Medical Officer, District Hospital, Budayun on 27.01986 at about 4 p.m. He found one lacerated wound 5 cm x 0.5 cm x bone deep present on right side of deceased's head 9 cm above the right ear 1.5 cm lateral to midline place obliquely ante-posterior and a contusion 8 cm x 6 cm on the left side of head 4 cm above the left ear pinna, placed transversally. He further found haematoma present in the scalp tissues under the above injuries. Right parietal and left parietal bones were found fractured, fracture line passing transversally on the left parietal bone. On right side, there was depressed fracture under injury no.1. There was subdural haematoma present under injuries nos.1 and 2.