The main legal point established in the judgment is the reliance on the testimony of injured eyewitnesses, the rejection of the defense of false implication, and the reduction of the sentence for the offence under section 304 Part II I.P.C.

JUDGMENT :

1. Heard Sri Apul Misra, Ms. Shilpa Ahuja and Sri N.K. Mishra, learned counsel for the appellants, Sri Rakesh Kumar Gupta, learned counsel for the complainant and Sri M. P. Singh Gaur, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 04.05.1996, passed by Additional Sessions Judge, Hamirpur, in Sessions Trial No. 179 of 1990 (State vs. Rajwa and others), arising out of Case Crime No. 137 of 1988, Police Station Kabrai (Hamirpur), District Mahoba by which the appellants Rajwa, Shiva Narain, Babu Lal, Sipahi Lal, Pragi Lal and Lalloo have been convicted and sentenced for the offence under Section 147 I.P.C. for six months rigorous imprisonment each, for the offence under Section 304/149 I.P.C. for ten years rigorous imprisonment along with fine of Rs. 2000/each and in default of fine six months additional imprisonment and for the offence under Section 323/149 I.P.C. for six months rigorous imprisonment along with fine of Rs. 500/each and in default of fine one month additional imprisonment. The accused-appellant Pragi Lal has also been convicted and sentenced for the offence under Section 148 I.P.C. for six months rigorous imprisonment. However, accused persons Nanna and Bachcha have been acquitted by the learned trial court.

3. It appears that accused-appellant no. 4 namely Sipahi Lal has died and his appeal has been abated by the order dated 16.08.2019.

4. Brief facts of the case is that on 29.07.1988 at about 5 to 6 P.M. Rishi Ram had gone for natural call and Rameshwar, the another brother of informant Mewa Lal was returning after natural call. At the moment, he reached at the door of Sipahi Lal, the accused persons Rajwa, Shiva Narain, Sipahi Lal, Pragi Lal, Bachcha, Nanna, Lalloo and Babu Lal carrying spade and lathi in their hands met and said to Rishi Ram that Chunwadia, the daughter of Kalloo has been defamed by them. Rishi Ram and Rameshwar refused having done so, whereupon the accused persons started beating both of them. On hue and cry being raised, the informant Mewa Lal, Dwarika and Punna reached there and they were also beaten by the accused persons by spade and lathi. The witnesses Murli, Ram Das and others reached there on hearing noise. Mewa Lal lodged the first information report at Police Station Kabrai on 29.07.1988. The injured persons Punna, Mewa Lal, Rameshwar, Dwarika and Rishi Ram were medically examined in Primary Health Centre, Kabrai. Seeing the serious conditions of all the injured persons, they were sent to District Hospital, Hamirpur. Finding the condition of Rishi Ram more serious, he was referred from District Hospital to Kanpur Helat Hospital, where, on 1.08.1988 Rishi Ram died during treatment because of the injuries caused by the accused persons on the date of incident.

5. Alleging motive, it was stated in the first information report that in respect of Chunuwadia, a Panchayat took place in the village but nothing was decided and her illicit relations with accused Rajwa remained a rumour and the accused persons were of the opinion that she is being scandalized because of Rishi Ram and Rameshwar and they had inimical relation with them.

6. On information of death of Rishi Ram in Helat Hospital, the police came and prepared inquest report on 1.08.1988 and with necessary paper, the dead body was sent for postmortem to District Hospital, Kanpur. The postmortem was conducted at about 04:00 P.M. and the postmortem report was prepared. On the death of Rishi Ram on 18.08.1988, the Investigating Officer made addition of Sections 147, 148 and 304 I.P.C. and the investigation was started. The I.O. recorded the statements of the witnesses, prepared site map and thereafter submitted charge sheet under sections 147, 148, 323, 324, 304 I.P.C. against all the accused persons.

7. Charges were framed against the accused persons for the offences under Section 147, 302/149, 324/149 I.P.C. and against accused Pragi Lal, charge was also framed under Sect