The main legal point established in the judgment is the reliance on prompt lodging of the First Information Report, consistency of witness accounts, and medical evidence to establish guilt.

( 1 ) APPELLANTS, named above, have preferred this appeal against the judgment and order dated 23-3-1985 passed in Session Trial No. 107 of 1984 passed by Sri S. K. Pandey, the then Additional Session Judge, Ballia, whereby they have been convicted and sentenced to imprisonment for life under S. 320 read with S. 149 I. P. C. Appellants Raja Ram and Ram Nath have been further convicted and sentenced to undergo R. I. for one and half years each under S. 14 I. P. C. whereas all other appellants have been convicted and sentenced to one year R. I. each under S. 147 I. P. C. All the sentences are to run concurrently.

( 2 ) ABRIDGED version of the posecution case is that the deceased of this case was Yadunath Chauhan. On 10-4-1984 he was going from his village Bankat to village Jagirsar for some work. When he was near the Government tube-well and the field ofbalchand, all the appellants surrounded him. Time was about 6. 30 a. m. Appellants Raja Ram and Ram Nath were having spear while all other had lathis. On exhortation of accused Ram Prasad, appellants Raja Ram and Ram Nath started assaulting Yadunath with spear and rest with the lathi. On the alarm raised by the victim, his son Babban Chauhan P. W. 1, Ram Lal, Roop Narain P. W. 3, Raghunath P. W. 2, Kamal Nath and others were attracted to the scene of occurrence. Seeing the pressure being mounted with the arrival of witnesses accused persons ran away with their respective weapons.

( 3 ) BABBAN Chauhan P. W. 1, son of the deceased, himself wrote down First Information Report Ex. Ka. 1 and carried the same along with victim Yadunath to P. S. Khejuri where F. I. R. was recorded and case was registered. A police constable was then directed to escrot injured to Government Hospital Kharsara. Finding the condition of Yadunath serious and alarming, the Medical officer of Kharsara Hospital referred Yadunath to District Hospital, Ballia. Accordingly Yadunath was removed to District Hospital, Ballia where he was declared dead.

( 4 ) AFTER registration of case at P. S. Khejuri, S. I. Narbadeshwar Shukla P. W. 9 took up investigation. He recorded the statement of Babban Chauhan but could not interrogate Yadunath as he was unable to speak on account of injuries. During the course of investigation, the investigating officer recorded statements of other witnesses, made inspection of scene of occurrence and prepared site plan Ex. Ka. 16. He also collected sample of plain and blood stained earth and also took in his possession blood stained stalks of wheat crop. The latter part of investigation was then completed by Station Officer Chingo Ram P. W. 8. He arrested two accused Ram Prasad and Subhash on 10-4-1984 and on their pointing out recovered blood stained spear and lathi and one more lathi which was not stained with blood. The blood stained articles were sent for chemical examination. The report of Serologist revealed that the earth, Ballam and clothes of the deceased had human blood. Lathi did not have any human blood. Blood of clothes of deceased was of a group of blood found in the earth and Ballam could not be ascertained on account of disintegration.

( 5 ) DR. A. Halim P. W. 5 conducted autopsy on the dead body of Yadunath Singh on 10-4-1984 at 2. 30 p. m. Deceased was aged about 40 years. He was of average built. Rigor mortis was present in lower limbs only and passed off from upper limbs. Following ante-mortem injuries were found :1. Lacerated wound 4 cm x 3-1/2 cm with constused swelling in an area of 8 cm x 6 cm, on middle of skull 12 cm above the root of right ear, bone deep. Clotted blood present under the scalp in the area of wound and bones under it found fractured. 2. Incised penetrating wound 4-1/2 cm x 1 cm x abdominal cavity deep in epigastrium just right to mid line, spindle shaped with clean cut margins and gaping in entrance appearing at both the ends, oblique. 3. Incised penetrating (punctured) wound 2-1/2 cm x 2 cm x abdominal cavity deep, just left of epig