JUDGMENT

Rajeev Kumar Shrivastava, J. - The present criminal appeal under Section 374 of CrPC has been filed by appellants- Hariram and Veer Singh against the judgment of conviction and sentence dated 30/03/2012 passed in ST No.45 of 2011 by Second Additional Sessions Judge (FTC), Mungawali, District Ashok Nagar whereby appellant No.2-Veer Singh has been convicted under Section 302 of IPC and appellant No.1- Hariram has been convicted under Section 302 /34 of IPC and both the appellants have been sentenced to undergo Life Imprisonment with fine of Rs.5,000-5,000/- with default stipulation.

2. Prosecution case, in short, is that appellants are the brothers of deceased Shishupal, whose father Nannulal, was having a tractor and land in his name and was living with deceased Shishupal. Nannual, father of the deceased, expressed his desire to appellants and deceased Shishupal that he would make partition of property consisting of one tractor and the land after payment of loan amount of tractor and expenses of marriages. As deceased Shishupal was living with his father Nannulal, therefore, appellants were having animosity with deceased Shishupal. On the fateful day i.e. 15-12- 2010 at around 08:00 pm, after completion of labour work, when deceased Shishupal came home and was standing in the courtyard of his house, at that time, appellants- accused arrived there and hurled abuses which was objected by Shishupal. Thereafter, appellant Hariram caught hold of both hands of Shishupal and appellant Veer Singh inflicted axe blow at the back of head of Shishupal as a result of which, blood started oozing. Accused Veer Singh again gave an axe blow from the blunt side on his right eye due to which Shishupal sustained swelling in his eye. On hearing screams, Bhamra, Kalla Harijan and father of deceased i.e. Nannual rushed to the spot for rescue. The appellants also threatened the deceased for dire consequences.

3. On the next day i.e. 16-12-2010 at around 09:30 in the morning, Shishupal along with father Nannulal went to police station Bahadurpur, where a report was lodged vide Crime No.279 of 2010. Matter was investigated and injured Shishupal was sent to PHC Bahadurpur for medical examination where Dr.Y.S.Tomar medically examined him. On medical examination, the doctor found incised wound on the right side of head and on the occipital region and above the right eye found contusion and swelling. The nature of injuries sustained by Shishupal were grievous on the head, therefore, he was referred to District Hospital, Ashok Nagar for X- ray. On the way to District Hospital, Ashok Nagar, Shishupal succumbed to the injuries. Dr. KK Gupta, who was posted in the District Hospital, Ashok Nagar informed in-charge of Police Station Ashok Nagar on the basis of which, merg intimation No.Q/2010 was recorded on 16-12-2010 at about 05:15 pm, copy of which was sent to Police Station Bahadurpur on 17-12-2010 at around 07:00 pm whereupon Merg No.35/2010 under Section 174 of CrPC was recorded regarding the death of Shishupal. On 17-12-2010, for conduction of postmortem of deceased safina form and Naksha Panchnama were prepared and thereafter, Dr. KK Gupta conducted postmortem of deceased and the body of deceased was handed over to his father Nannulal. Thereafter, police recorded the statements of witnesses and prepared spot map. The accused were arrested and on the basis of memorandum an axe was seized from the house of accused Veer Singh. After due deliberations and completion of investigation, a charge sheet was filed before the competent Court of Criminal jurisdicti