Om Prakash-VII ORDER
Om Prakash-VII, J.
1. Present jail appeal has been preferred by accused appellant Algu Gaur against judgment and order dated 23.9.2010 passed by Sessions Judge Mirzapur in Session Trial No. 95 of 2009 convicting and sentencing appellant for the offence punishable under Section 302 I.P.C. to undergo imprisonment for life and a fine of Rs. 5,000/-. In case of default in payment of fine, appellant was also to undergo two months' additional rigorous imprisonment.
2. Facts of case, as unfolded by informant Kali Charan Singh, son of Achhaiwar Singh, resident of Duhi Kala, P.S. Jamalpur, District Mirzapur, are that on 30.10.2008 at 6.30 p.m. while his son Dilip Kumar Singh was returning home on motor cycle from his in laws' house after leaving his wife and as and when he reached near Baha (Drainage) Culvert, Algu Gaur, who was ambuscading there armed with spade, stopped informant's son and assaulted him with spade, on which his son tried to escape but after covering some distance he fell down and accused reaching there again assaulted him with spade repeatedly due to which informant's son died on the spot. The incident was witnessed by Vinit Singh, Manoj Kumar Singh and Santosh Kumar Singh and they tried to intervene in the matter but accused also tried to cause injury upon them with spade on account of which they became scared. In the meantime, taking benefit of darkness, accused ran away towards northern side.
3. On the basis of written report (Ext. ka-1), chik First Information Report (Ext. Ka-14) was registered at Police Station concerned mentioning all details as had been described in Ext. Ka-.1. G.D. entry (Ext. ka-15) was also made at the same time.
4. Investigation of the matter was started by Sub-Inspector Ashish Kumar Singh. He proceeded to place of incident and interrogated the informant. He also took sample of plain earth and bloodstained earth and prepared memo (Ext. ka-9) in this regard. Since it was night, inquest of deceased was done next day. Inquest report of deceased was prepared which is Ext Ka-3. Investigating Officer also prepared photo lash, challan lash, letter to Chief Medical Officer, letter to R.I., sample seal, which are Ext. ka-4 to ka-8. Keeping dead body in sealed cover, it was dispatched through constable alongwith police papers for post mortem. Site plan (Ext. Ka-10) was also prepared. Investigating Officer has also recovered weapon 'spade' on pointing out of accused-appellant on the basis of disclosure statement and prepared recovery memo Ext. Ka-12.
5. Autopsy report (Ext. ka-2), after conducting post mortem on the dead body of deceased, was prepared on 31.10.2008 at 3.30 p.m.
6. As per post mortem report, deceased was average body built. Rigor mortis was present in both limbs. Eyes were half opened. Following ante-mortem injuries were found on the body of deceased:
"(i) Head lacerated wound 6 cm x 4 cm left parietal region 5 cm above left ear.
(ii) Lacerated wound 10 cm x 3 cm over left side of neck 2 cm post to left ear.
(iii) Lacerated wound left side face 10 cm x 2 cm extending to face (left) through left ear 5 cm. Lateral to outer angle of left eye.
(iv) Lacerated wound 1cm x 2 cm left side of neck extending post from just below left chin to left ear.
(v) Multiple abrasion 6 cm x 7 cm area left clavicle.
(vi) Multiple abrasion on left ........