MULLOO Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction dated 3-5-1980, passed by Sri K. C. Saran, the then Sessions Judge, Lalit pur, convicting the accused-appellants under Sections 302,114, IPC and 302, IPC respectively and sentencing them to un dergo imprisonment for life.

(2.) THE prosecution story briefly stated is as follows: THE accused-appellants Mulloo and Summa are real brothers. THEy are resi dents of village Oent, police station Jakhlaun, District Lalitpur. On 11-10-1979, at about 8. 30 a. m. accused-appellant Summa was taking a bath at the water tap near the house of the deceased Chukkha. THE deceased Chukkha objected to it saying that the ladies of the mohalia were waiting to fill water. Accused Summa abused him. THE deceased Chukkha asked accused Summa to refrain from abusing him. In the meantime Summa's brother Mulloo came on spot. He cut out buttons of Naseni with the help of Surya (a sharp edged weapons like Hasia) and handed over the pati Exh-1 to Summa and asked Summa that Chukkha should be killed. On this Summa rushed towards the deceased Chukkha and gave him a pati blow on the back side of his neck. THE deceased Chuk kha fell down by the side of his chest. He tried to get up but again fell down from the side of his back. This occurrence was wit nessed by Gopal (PW-2), Rabooda (PW-3), the brother of the deceased, Pyare Lal (PW-1), Bhajju (PW-4) and others. THE deceased was lifted by his brother Rabooda (PW-3) and Gopal (PW-2), He was kepi on a cot and while he was being taken to police out-post pati, police sta tion Jakhlaun, he succumbed to his in juries. Rabooda (PW-3) then went to his village and got a report Exh. Ka-11 scribe by Hira Lal Jain (PW-7) and started towards police out-post. When he reached about one and half furlong from his village, he met Head-constable Jogendra Singh (PW-11) who was coming from the opposite direction. He handed over the F. I. R. , Exh. Ka-11 to him. THE head con stable went to the village of the com plainant. He saw the dead body of the deceased and then went in search of the accused-appellants and succeded in ap prehending the accused-appellants from their houses. Head constable Jogendra Singh (PW-11) took the accused-appel lants and the complainant to police out post pali where he registered a case under Section 302, IPC against the accused-appellants and the investigation followed.

(3.) THE Doctor found the following ante-mortem injuries on the person of the deceased: (1) Contusion 16 cmx 11 cm on right side scalp in the region of forehead, temporal region and right eye with sub-conjunctural haemor rhage right side. (2) Two abrasions 3 cm apart on hack right side upper part No. (1) 1 cm x 1 cm and No. (2) 2 cm x 1cm. (3) Contusion 10 cm x 8 cm on front of chest left side upper part.