Hon’ble Om Prakash-VII, J.—This criminal appeal has been preferred by the appellants Dharam Singh, Banshi and Ram Singh alias Gautam against the judgment and order dated 23.12.1982 passed by Learned Sessions Judge, Fatehpur in Sessions Trial No. 78 of 1982 under Section 302 read with 34 of the Indian Penal Code (in short “the IPC”), Police Station Husainganj, District Fatehpur whereby the accused-appellants Dharam Singh, Banshi and Ram Singh alias Gautam have been found guilty for committing the murder of Ram Bali and have been convicted and sentenced under Section 302 read with 34 IPC to undergo imprisonment for life.

2. It is reported that appellant Ram Singh alias Gautam died during pendency of appeal, therefore, his appeal has been abated. Thus, the appeal is being decided only against the appellants Dharam Singh and Banshi.

3. The prosecution story, in nutshell, is that a written report dated 9.4.1981 was submitted by the informant Chandra Pal mentioning therein that there was some dispute between Chandrapal (informant) and his khandani Srikrishan. The accused persons, being friendly to Srikrishan, used to take undue interest in their matters. Deceased Ram Bali objected to it and told the accused not to interfere in his personal matters. This annoyed Dharam Singh, Banshi and Ram Singh and in this background on 9.4.1981 at about 3:00 p.m. when Ram Bali, cousin of Chandra Pal, was returning from village Niyani and had reached near the house of Dharam Singh in village Kharagpur, P.S. Husainganj, the accused Dharam Singh wielded a lathi blow on his head, as a result of which he fell down and thereupon the accused Bansi and Ram Singh alias Gautam caused him head injuries with bricks. Informant, Bhimsen, Raghubar and Baijnath, on hearing the shrieks of Ram Bali, reached at the scene of occurrence and saw the incident as above. They also challenged the accused-persons, who fled away from the place of occurrence. The deceased was alive at that time and was unconscious, therefore, he was taken to the police station concerned on a bullock cart and the F.I.R. was lodged. It was mentioned in the report that deceased received several injuries. The written report submitted by the informant is Exhibit Ka-3.

4. On the basis of written report (Ex.Ka-3), chick First Information Report (in short “the F.I.R.”) Ex.Ka-4 was registered on the same day i.e. 9.4.1981 at 18:10 hours under Sections 323, 308, 338 IPC, Police Station Husainganj, District Fatehpur. Entry in the General Diary (in short “the G.D.”) was also made at the same time at serial No. 22, copy of which is Ex.Ka-5. Investigation was entrusted to Sub-Inspector Jagjivan Singh, Prosecution Witness 7 (in short “the P.W.”).

5. The injured was sent to the District Hospital, Fatehpur on the same day. Injuries of Ram Bali were also examined on the same day at 19:15 hours, who was brought by Constable C.P. No. 99 Puniram (P.W.6) to the District Hospital, Fatehpur. Following injuries were found by the Medical Officer (Emergency) on the body of the injured :

1. Bleeding left ear.

2. Lacerated wound 8 cm. x 1 cm. x scalp deep on left occipital post head 6 cm. back from left ear.

3. Lacerated wound 8 cm. x 1 cm. x scalp deep on left occipital post head 8 cm. back from ear.

4. Lacerated wound 7 cm. x 1/2 cm. x scalp deep on left part of post head 8 cm. back left ear.

5. Lacerated wound 4 cm. x 1 cm. x scalp deep on left part of post head 1 cm. upwards from No. 4.

6. Lacerated wound 3 cm. x 1/2 cm. x scalp deep on left part temporal post 5 cm. from ear.

7. Lacerated wound 2 ½ cm. x 1/2 cm. x muscle deep on lateral end left eyebrow.

8. Lacerated wound 4 cm. x 2 cm. x bone deep on left frontal post head 3 cm. upwards from eyebrow.

9. Lacerated wound 2 cm. x 1 cm. x muscle deep on front fore head 5 cm. upwards from boney of nose.

10. Abrasion on an area 2 ½ cm. x 1 ½ cm. on right fore head 2 ½ cm. upwards from eyebrow.

11. Bleeding from nose both nostrils.

12. Traumatic swelling right palm