The central legal point established in the judgment is the reliance on eyewitness testimony, motive, and nature of injuries to uphold the conviction for murder under section 302/34, I.P.C.

Rajesh Tandon, J. : The appellants, namely, Puran, Chet Ram, Nanhey and Praveen are aggrieved by judgment and order dated 2nd September, 1983 passed in Sessions Trial No.150 of 1982 by special Judge, Additional Sessions Judge Nainital- convicting them under section 302/34, I.P.C They have been awarded life imprisonment- Therefore, they have come by way of appeal to this Court under section 378(2) of the Criminal Procedure Code.

2. During the pendency of this appeal, it is reported by the Chief Judicial Magistrate Udham Singh Nagar that the appellants No. 1 & 4, namely, Puran & Praveen have been died. Now, only the appellants' No.2 & 3, namely, Chet Ram & Nanhey are alive. Therefore, the appeal on behalf of appellants No. 1 & 4, namely Puran. &. Parveen, Stands abated and is dismissed. Now, we proceed with this case in respect of appellants No.2 & 3, namely, Chet Ram & Nanhey only.

Case-of the Prosecution :

3. On 28.9.1981 at about 6.30 p.m. Chhote (deceased), him wife Smt. Kamla Devi PW-1 and his son Madhav Singh PW-2 were returning from their tea shop situated. ,near. Jaspur Bus Stand. When they reached near the cycle repairing shop of Haji Modh. Usman PW3 situated in Mohalla Thana Sabiq, P.S. Kashlpur all the accused came from the front. Accused Puran & Chet Ram were armed with Hansias and Nanhey & Praveen were armed with Tabbal and the remaining four accused, namely Ramesh, Ramla alias Ram Lal, Chhote and Karan, who have been acquitted by the learned Addl. Sessions Judge Nainital, were holding laities. On seeing Chhote (deceased), accused Puran exhorted the other accused to take revenge against him. Chhote (deceased), then, rim towards the shop of Haji Mohd. Usman PW-3 and as soon as. he entered the shop, accused Puran, Chet Ram, Nanhey and Praveen also went inside the shop and started giving Hansia and Tabal blows to Chhote (deceased). Other four accused, who have been acquitted stood outside the shop. Smt. Kamla Devi PW-1 and Madhav Singh PW-2 remained outside the shop. When the accused, who had entered. The shop, killed Chotte (deceased) they came out and told the accused who were standing outside that the work has been done and they fled. Smt. Kamla Devi PW-1, wife of the Chhote (deceased) went inside the shop and saw that her husband was murdered by the accused. She then, went to the Police Station Kashipur and lodged the F.I.R (Ex. Ka-1) on the same day at about. 10 p.m. The case was registered at report No. 37 of the General Diary (G.D.) (Ex. Ka-3). Sub Inspector A.S. Sharma PW-5, then, went to the place of occurrence and after appointing the witnesses got the Inquest Report (Ex. Ka-4) and other connected papers (Ex. Ka. 5 to Ka. 8) prepared on the spot. He, then, sealed the body of Chhote (deceased) and handed it over to Constables Govind Ballabh PW-6 and Udiya Nand for taking it to the hospital for post-mortem. The postmortem was carried out on 29.9.1981 at about 2.15 p.m. by Dr. R.P. Rastogi PW-4, Medical Superintendent, Civil Hospital, Kashlpur.

4. The post-mortem report (Ex. Ka2) revealed the following ante-mortem injuries on the person of the deceased:

1. Incised wound 5 cm x 1/2 cm x scalp, deep in top of head.

2. Incised wound 6 cm x 1 cm x skin deep on right eye brow and forehead.

3. Contusion 7 cm x 1 cm on right side of neck.

4. Incised wound 8 cm x 2 cm x bone deep right fore-arm 5 cm below wrist cutting both bones, muscles and vassals.

5. Incised wound 4 cm x 1/2 cm x muscle deep on right middle finger inner side.

6. Incised wound 1 cm x 112 cm x muscle deep right ring finger.

7. Incised wound 4 cm x 2 cm x muscle deep on inner side left forearm middle.

8. Incised wound 4 cm x 1 cm X muscle deep on top of left shoulder.

9. Incised wound 4 cm x 1 cm x muscle deep on back and top of right shoulder.

10. Incised wound 5 cm x 2 cm x bone deep on front of right knee.

11. Incised wound 4 tm x 2 cm x muscle deep on front of right ankle.

5. All the aforesaid injuries except in jury No.3 i.e. Contusion 7 cm x 1 cm on ri