The prosecution must explain injuries on the accused in a self-defense claim; failure to do so creates doubt regarding the prosecution's case.

JUDGMENT :

(Nand Prabha Shukla, J.)

1. Heard Shri Man Mohan Mishra, learned Amicus Curiae for the surviving appellants, Ms. Mayuri Malhotra, learned State Law Officer for the State-respondents and perused the records.

2. The present Criminal Appeal under Section 374 (2) of the Criminal Procedure Code was preferred by four convicts against the judgment and order of conviction dated 02.11.1982 passed by learned Additional Sessions Judge IV, Allahabad in Sessions Trial No.162 of 1980, whereby all the appellants were convicted and sentenced to undergo imprisonment for life under Section 302/34 IPC and four years rigorous imprisonment under Section 307 /34 IPC . Both the sentences shall run concurrently.

3. Due to the death of appellant no.3 Kaleshwar and appellant no.4 Kallu, their appeals have been abated on 17.09.2015 and 06.04.2015 respectively. The appeal has been finally argued on behalf of the surviving appellant nos. 1 Lakhan and appellant no. 2 Deshraj.

INTRODUCTORY FACTS

4. The prosecution story in brief, is that:

On 06.08.1977 at 6:00 pm, the first informant, Rajaram lodged an FIR as Case Crime No. 134 of 1977 under Section 323 /308 IPC , P.S. Sarai Aqil, District Allahabad against four appellants stating that on 05.08.1977 at around 4:00 pm, his cousin brother, Pran, was on his way to Vikrama Talab to wash his body. The villagers Lakhan, Deshraj, Kaleshwar and Kallu, armed with ‘lathies’, assaulted Pran. Pran raised an alarm. Consequently, the first informant and his real brothers, Prabhu and Chandan rushed for his rescue. When they intervened, Kallu exhorted to assault them and accordingly the co-accused assaulted the first informant and his brothers. When they raised an alarm and cried, the witnesses Shukru, Gurudeen, Bhaiyalal also reached to the spot for their rescue. His brother, Prabhu had received lathi blows on his neck, who fell unconscious. The first informant and his brothers had also received lathi blows on their head, hands and back. As the first informant was extremely sacred, he did not go to the Police Station to lodge the first information report on the same date.

Rajaram the first informant, was the resident of Village Gourey, P.S. Sarai, Aqil, District Allahabad and accused Lakhan, Deshraj, Kallu and Kaleshwar were also the resident of the same village. Accused Deshraj and Kaleshwar were real brothers and Lakhan belonged to their family. Kallu was the brother-in-law of accused Deshraj. The deceased Prabhu and the injured Chandan were the real brothers of Rajaram. Pran was their cousin brother. An old enmity existed between first informant Rajaram and accused Deshraj. After an FIR was lodged, all the injured were referred to the District Hospital Beli, Allahabad and were medically examined on 06.8.1977 by the Medical Officer on Emergency Duty at Tej Bahadur Sapru Hospital, Allahabad.

The injured Prabhu was examined by Dr. B.B. Singh on 06.08.1977 at 11:55 pm. The injuries found on the person of Prabhu, are as follows:

“ 1. Lacerated wound 1” x 1/4” x skin deep on the left side, forehead.

2. Abraded contusion 1½” x 3/4” on the right side of face.

3. Contusion 2” x 1/2” on the right side of chest front middle.

4. Abrasion 3/4” x /4” on the right side chest front.

5. Contusion 4” x 1” on the face and upper part of the left thigh.”

The injured Pran was also examined by Dr. B.B. Singh, at almost the same time. The following injuries were found on the person of Pran:

“ 1. Abraded contusion 2” x 1/2” on the right side chest-front.

2. Abrasio