JUDGMENT :

(Shiv Shanker Prasad, J.)

1. This appeal has been preferred by accused-appellants, namely, Balister and Smt. Kamla against the judgment and order dated 21st March, 2007 passed by the Additional Sessions Judge, Court No.6, Muzaffarnagar in Sessions Trial No. 830 of 2006 (State of U.P. Vs. Balister and Another), under Sections 302/34 I.P.C. arising out of Crime No. 838 of 2005, Police Station-Budhana, District-Muzaffarnagar, whereby both the accused-appellants have been convicted and sentenced to undergo life imprisonment under Section 302/34 I.P.C. with fine of Rs. 7,000/-each, in default thereof, they have to further undergo one year additional imprisonment.

2. We have heard Mr. Sheshadri Trivedi, learned Amicus Curiae appearing for the accused-appellant no.1 and Kumari Meena, learned A.G.A. for the State. Appellant no.2 has died and her appeal has already abated by this Court vide order dated 8th September, 2022. We have also perused the entire materials available on record.

3. The prosecution story, as reflected from the records, is as follows:

On the basis of a written report submitted by the informant-P.W.1, namely Jagendra Singh dated 23rd November, 2005 (which was marked as Exhibit-Ka-1), a first information report (Exhibit-Ka-9) was lodged on 23rd November, 2005 at 06:30 p.m. (in evening), which was registered as Crime No. 231 of 2005 under Section 302 I.P.C., at Police Station-Badhana, District-Muzaffarnagar against three persons, namely, Puran, Balister and Smt. Kamla. In the said report, it has been alleged that on 23rd November, 2005 at 06:30 p.m., the brother of the informant-P.W.-2, namely, Anil Kumar went to the grocery shop of Satendra for buying some goods, where Puran, his brother Balister and his mother Smt. Kamla, who are residents of same village, were already standing there. When Anil Kumar, brother of the informant-P.W.-1, after buying goods, returned to his house from the said grocery shop, then the above three persons in front of the street of their house, started abusing and threatening him that they will see him today. When Anil Kumar brother of the informant-P.W.2 objected not to do the same, then Balister and Kamla grabbed Anil Kumar from behind and Puran started hitting him by Tabal. When Anil Kumar fell on the ground then Balister also started hitting him with Balkati. At the same time, the informant-P.W.-1, Krishnapal Singh, Mahipal and Sanjeev Kumar were coming from their fields through the front road. Hearing the sound in the street, informant-P.W.-1, Krishnapal Singh, Mahipal and Sanjeev Kumar reached the spot and tried to save him as also they raised alarm. On seeing informant-P.W.-1, Krishnapal Singh, Mahipal and Sanjeev Kumar, all the accused persons, namely, Puran, Balister and Smt. Kamla, ran away after threatening them. They chased them but did not succeed in catching them. Thereafter, they picked up Anil Kumar from the spot and took him to the hospital by a Car, where he was declared dead. Thereafter they went to the Police Station along with the dead body of Anil Kumar. Resultantly, on the written report of the informant-P.W.-1, Crime No. 231 of 2005 was registered. On registration of the said case, the inquest of the body of the deceased, which was lying in a Marshal jeep outside the Police Station, was conducted by Sub-Inspector Vijay Pal Singh (P.W.4) on 23rd November, 2005 at 2200 hours. Since injuries were found on the body of the deceased, in the opinion of the inquest witnesses, the cause of death of the deceased was homicidal. The inquest report was marked as Exhibit-Ka-3. As such, after sealing the dead body of the deceased, the same was sent to Mortuary for post-mortem on 23rd November, 2022 through Constables Yadram and Maheshpal.

4. The post-mortem of the dead body of the deceased Anil Kumar was conducted by Dr. U.S. Fauzdar (P.W.-3) on 24th November, 205 at 03:30 p.m. and in his opinion, the cause of death of deceased was due to shock and haemorrhage as a result