Judgment

BACHAWAT J. :- The prosecution case was that Bhaiya Ramanuj Pratap Deo was the proprietor of village Phatpani and owned and possessed bakasht and gairmazura lands therein including plot No. 1311 and the mahua trees standing thereon. On April 10, 1962 at 3 P.M. his employee P.W. 33 Bindeshwari Singh was in charge of collection of mahua fruits in plot No. 1311 and the victims Ram Swarup Singh and Ramdhari Singh were supervising the collection P.W. 1 Dhaneshwari, P.W. 2 Deokalia, P.W. 3 Dewal, P.W. 4 Rajmatia, P.W. 6 Udal Singh, P.W. 7 Border Singh, P.W. 8 Moghan Chamar, P.W. 9 Ram Dihal Kharwar, P.W. 10 Ram Torai Kharwar, P.W. 11 Manan Singh and P.W. 13 Jhagar Kharwar were collecting mahua fruits when suddenly accused Mathu Pandey, Kundal Pandey and Muneshwardhar Dubey armed with garassas, Chandradeo Pandey Dayanand Pandey and Nasir Mian armed with bhalas and Bife Bhogta, Thegu Bhogta, Nageshwardhar Dubey and Uma Shanker Dubey armed with lathis surrounded Ramswarup and Ramdhari and assaulted them with their weapons. Dewal also was assaulted by Bife and Thegu and suffered minor injuries. Ramadhari died on the spot. Ramswarup died while preparations were being made to carry him to the hospital.

2. Bindeshwari lodged the first information report at 8 P.M. on the same date. On April 14, 1962, accused Mathu gave a report at Nagaruntari hospital. He said that on April 10, 1962 at3 P.M. while he was returning home, he was assaulted with lathis, garassas and bhalas by the employees of the Bhaiya Saheb.

3. The following injuries were found on the dead body of Ramswarup Singh: "(1) abrasion 11/2" x 11/4" with ecchymosis on anterior aspect of right knee joint, (2) another abrasion 1/2" x 1/4" with ecchymosis on anterior aspect of right leg, (3) a small abrasion with ecchymosis on anterior aspect of left knee joint, (4) an incised wound 4" x 1/4 x scalp on anterior aspect of the left side of the head, (5) a lacerated wound 31/2" x 1/3" x scalp with ecchymosis on right side of head and (6) a penetrating wound with clean cut margins 21/2" x 1" x abdominal cavity placed transversely on right hypochondrium just right to mid line with stomach and loop of large bowel bulging out of it. On opening the abdominal wall it was found that the peritoneum was congested and the stomach was perforated on its anterior well. Injuries 1, 2, 3 and 5 were caused by hard and blunt substance such as lathi. Injury No. 4 was caused by sharp cutting weapon such as garassa. Injury No. 6 on the abdominal cavity was caused by some sharp pointed weapon with sharp cutting margin such as bhala. The death was due to shock and internal haemorrhage caused by the abdominal wounds.

4. The following injuries were found on the dead body of Ramdhari Singh : "(1) the helix of left ear was cut, (2) a lacerated wound 1/2" x 1/10"x 11/2" with ecchymosis on the outer part of the left eye brow, (3) a punctured wound with clean cut margins 21/2" x 1" x 11/2" on left thigh below its middle, (4) a punctured wound with clean cut margin 1" x 1/4" x 1" on posterior aspect of the left thigh in its middle, and (5) a penetrating wound with clean cut margins 21/4" x 3/4" x abdominal cavity on rights side of the abdomen. The loops of intestines were bulging out of this opening. Injury No. 2 was caused by hard and blunt substance such as lathi. The other injuries were caused by a sharp pointed weapon with sharp cutting edge such as bhala. Death was due to shock and internal haemorrhage caused by injury No. 5 the abdominal wound.

5. The trial Court convicted the accused-respondents Mathu, Chandradeo, Kundal, Dayanand, Bife, Thegu, Nasir, Muneshwardhar, Nageshwardhar, Umashankardhar under Section 302 read with Section 149 of the Indian Penal Code for the murders of Ramdhari and Ramswarup and sentenced them to rigorous imprisonment for life each. Bife, Thegu, Nageshwardhar and Umashankardhar were convicted under Section 147 of the Indian Penal Code and sentenced to rigorous imprisonment for six m