V. S. Dave, J. -
(1.)This appeal is directed against the judgment of Sessions Judge, Jhunjhunu dated March 31, 1980, whereby he convicted accused-appellants Hawa Singh and Dharampal for offence under Sec. 302 I.P.C. and sentenced each of them to imprisonment for life and fine of Rs. 200.00. In default of payment of fine, they were ordered to suffer further rigorous imprisonment for three months. Accused-appellant Khushi Ram has been convicted for offence under Sec. 302 read with Sec. 34 l.P C. and was sentenced to imprisonment for life and a fine of Rs. 200.00in default to further undergo three months rigorous imprisonment. All the three accused-appellants have also been convicted for offence under Sec. 364 I.P.C. and each of them was sentenced to undergo four years' rigorous imprisonment and a fine of Rs. 500.00 each. In default of payment of fine, each of them was ordered to further undergo six months' rigorous imprisonment. All the accused were further convicted for offence under Sec. 323 Penal Code but no separate sentence was recorded on this count.
(2.)The facts leading to this case are that report Ex. P/l was lodged at Police Station, Singhana by Mahendra Kumar PW 1, wherein he stated that in the morning at 5 00 a.m. his brother Veer Singh had gone for easing himself and at that time one Manubai, wife of Subhash Chandra had gone to forest for cutting grass. Accused Dharampal, Khushi Ram and Hawa Sing stated that Veer Singh molested Manu Bai and when she raised an alarm. Veer Singh ran away. After some time Sher Singh, Ram Kumar, Hawa Singh and Dhaiampal came to his place and told his uncle Judge that since Veer Singh has outraged the modesty of Manu Bai, a village Panchayat has to be called where they should accompany, else they would be killed. These people, it was alleged, took his father and uncle near Dbaram- shala where number of other persons, who had been impleaded as accused in that case but since acquitted, had collected. They all told his father and uncle that Veer Singh, who had molested Manubai, must be produced before the Panebajat forthwith, else they would be beaten. He and his family members told the villagers that Veer Singh was not responsible, upon which the family members were made to sit near a 'bur' tree and were threatened. His father thereupon told these people that possibly Veer Singh might have gone towards village Singhana. Hawa Singh, Nagar, Roshan, Shersi Ugh, Jugal Kishore and Pannaram directed that three accused persons Hawa Singh, Dharampal and Khushiram to go in search of Veer Singh and bring him before the Panchayat. They also told that if necessary he may be beaten by them. Thereafter it is alleged that Khushiram, Hawasingh ahd Dharampal went to Singhana and complainant Mahendra Singh also followed them. He met Mahavir in Singhana, who said that Veer Singh has been taken away by the accused-appellants and that he will be beaten on his way. He, therefore, ran towards Kosi-wali Kui and saw that the three appellants had removed the clothes from the person of Veer Singh and he was only putting on undervest. He was being beaten by the appellants and his condition had become precarious. It was further stated that these people were dragging him and beating him with belt, At that time two boys from Khanpur also appeared, whom he know by face. They tried to rescue the deceased, but they were threatened by Hawa Singh and Dharampal. There after they were taken to Hiraram's well where again he was beaten to his unconsciousness and then he (complainant) went to rescue the deceased. Khushi Ram caught hold of him and asked the other two accused to immediately put Veer Singh into the well Thereafter it is alleged that Hawa Siagh caught the hairs of the deceased and Dharampal legs and at about 4 0:0 p.m. they dropped him into the well. He raised an alarm, but none came to his aid. On receipt of this report a case for offences under Sections 302, 323, 147, 149, 342, 114, 109 and 34 I.P.C. was registered and investigation commenced.
(3.)The prosecution case further is that the Investigating Officer went to the well in the evening and it was found that it was quite dark and therefore, he deferred the removal of the dead body from the well till next morning when he again went with the motbirs and removed the corpse from the well where the autopsy was got conducted by Dr. Ram Niwas PW 6, who was Medical Officer In charge of the Primary Health Centre, Buhana, who found the following injuries on the person of the deceased:
1. Swelling-Right cheek, which is diffused in mouth.
2. Bruise - 1" X 1/2" on right upper eyelid, swollen, bluish in colour.
3. Bruisediffused with bluish discolouration 4"X ⅓"on the front of upper ⅔ of right forearm.
4. Bruisediffused with bluish discolouration 4"1/2"X2" on the inner side of middle ⅓ of right upper arm.
5. Bruise 11/2"X3' bluish discolouration with diffused swelling horizontally on the outer side of middle 1(3 of right upper arm.
6. Bruise 5"X 11/2' obliquely on the outer Parallel ) aspect of upper ⅔ of left upper arm.
7. Rectangular Bruise 3" X2' at back of chest at medial and lower sides of left scapular region which is reddish in colour.
8. Rectangular Bruise 3"X2"at back of right chest at lower angle of right shoulder blade which is reddish in colour.
9. Bruise 21/2'X 1/2" at lateral border of left shoulder blade.
10. Bruise 7"X 1/4" in front and outer side of right chest obliquely from above downwards and outwards.
11. Abrasion 1/2'X 1/4" on right shoulder at outer aspect.
12 Abrasion 1/4'X ⅛" at scalp 3" above from the right ear.
13. Abrasion ⅙"X 1/10" at scalp in occipital region.
14. Abrasion 1/4"X ⅙" in frontal 'region of scalp, 5"' away from nasion point.
15. Abrasion ⅙"to ⅛" at inner side of right pinna just near the opening of external meatus.
16. Abrasion 1/2"X 1/4" in front of lower ⅓ of right forearm.
17. Abrasion 1/2"X1/10" at middle ⅓ of left thigh at anterior aspect.
18. Abrasions 4 in number varying in size from 1 "X1/10" to 1/2 'X 1/10" at lower ⅓ of right thigh at anterior aspect.
19. Abrasion 2"X1/10" in front of right ankle joint.
20. Abrasion 2"X1/10" at back of lower ⅓ of right thigh.
21. Abrasion 2"X 1/10" at back of upper ⅔ of right leg.
22. Abrasion 1/2" X 1/10" just below right medial malleolus.
23. Nail of right ring finger not present, which was covered by a cloth bandage.
24. Nail of left II toe not present.
The cause of death given by the Doctor was asphyxia due to drowning. He has found 750 ml. of water present in the stomach. The investigation in this case changed various hands and finally a charge-sheet was filed in the Court of Munsif md Judicial Magistrate First Class, Khetri against as many as 19 persons including be three accused-appellants for various offences. The learned Magistrate committed them to Sessions for trial where the learned Sessions Judge framed charges for offences under Sections 302 and 302/34 and 464 and 364/34 I.P.C. against the accused-appellants and rest of the accused were charged for offences under Sections 147, 342/149 I.P.C.