- (1.)By his judgment dated May, 21 1980, the learned Additional Sessions Judge, Sirohi convicted the accused Umia under Section 302 and the remaining two Hansiya and Bediya under Section 302/34, IPC and sentenced each of them to imprisonment for life, with a fine of 100/-, in default of the paymant of fine to further undergo one month's rigorous imprisonment. They have come up in appeal to challenge their conviction and sentence.
(2.)Succinctly stated, the prosecution case is that the deceased-victim Indersingh was an elder brother of PW 2 Daljeetsingh and lived in village Meerpur which is nearly two miles away from village Wilangiri district Sirohi. In the early hours of 1-11-78 (the next day of Deepawali) Indersingh left his house on a cycle to go to village Bodawa. On his way when he reached Wilangiri, one of the wheels of his bicycle got punctured. He contacted Rama (PW 6) and with his help got the puncture repaired. Rama and Indersingh proceeded together on the road leading to village Kalandari. Rama was holding the bicycle. When they covered a few paces on the road, the three accused-appellants accompanied by five more persons viz, Sadiya, Goma, Chimaniya, Tariya and Hatta (co-accused but acquitted) came from behind armed with lethal weapons. Accused Unia had a Khunt (sharp edged instrument of cutting), Goma had a Bewla and the remaining six had Lathies. They encircled Indersingh and started striking blows to turn with their weapons. Indersingh fell down. The miscreants then lifted him and took him towards the house of Goma. Pw6 Rama tried to intervene but could not. He got frightened and went away putting the bicycle outside the house of Dharma Bhil. PW 2 Salamsingh, who was in the house of Dharma, along with Dharma Bhil, Kana and Chamna Rajputs situate nearby, seeing the occurrence came out and asked the and asked the accused not to do so. Tariya threatened him with dire consequences in case he dared to come out. Salam Singh immediately went to Meerpur and apprised the victim's brother Daljeetsingh (PW) of the incident at about 9.00 or 9.30 A.M. Daljeet Singh bearded the bus reached Police Station Anadara and verbally lodged report Ex.P 1 of the occurrence at about 11.45 A.M. The police registered a case and proceded with investigation. The Station House Officer Shri Jagdish Singh (PW 9) arrived at the place of incident and inspected the site. He took the blood-stained soil from the various places where the victim was beaboue l and his dead-body was found. The Investigating Officer prepared the site plan and the inquest report of the victim's dead body. PW 5 Dr. D C. Bapna the Medical Officer Incharge, Government Dispensary, Anadara was called on the spot. He performed the autospay of the victim's dead body at about 4.00 P.M. on the same day. The doctor found the following injuries:
External-

(1) As incised wound 9 x 1 cm x bone deep situate on the scalp 2 5 cm above the left eye brow, internal and was 9 cm above the left external ear

(2) Incised wound 4 x 1/3 cm x bone deep horizontally situated just above the left eye brow

(3) Lacerated wound 1/2 x 1/2 cm just below the medial end of right eye brow. This was also bone deep

(4) An angular lacerated wound 1.5 x 1/3 cm on upper arm and lower arm 3/4 x 1/3 cm x bone deep around the lateral angle of right eye

(5) Lacerated wound 1/2 x 1/3 cmxbone deep just 1/2 cm on the left side of nasion

(6) Lacerated wound 1/2 x 1/3 cm x bone deep at the base right alaensai

(7) A punctured wound 1/2 x 1/3 cm opening in the mouth, 1.5 cm below the lateral to the left angle of mouth

(8) Lacerated wound 1.5 x 1 cm x bone deep situate on the left side of chin 2.5 cm below the left angle of mouth

(9) Lacerated wound 2 x 1/3cmx bone deep 1.5 cm below the chin on the mid line

The wounds of injuries No. 8 and) were connecting and opening in the mouth

(10) Upper left incisor was missing with fresh wound socket

(11) Upper and lower jaw both fractured at multiple places with all teeth present except one incisord

(12) Two oblique bruises 13.5 x 2 cm was 13 x 2 cm situated side by side on the right side of chest, 3 cm below the right nipple

(13) Bruise 7 x 1.5 cm just below the left nipple

(14) Bruise 5 x 2.5 cm situated the anterior side of left shoulder

(15) Abrasion 3 x 1 cm with 1/2 x 1/2 cm x bone deep lacerated wound in the centre, situated on the left skin of tibia at the junction of upper 2/3 and lower 1/3 of leg

(16) Lacerated wound 1/2 x 1/2 cm just below the left tibial tuberosity

(17) A linear abrasion 3 cm long on the skin of right tibia

Internal-

Cranium and spinal cords-Scalp, skull and vertebrae-fractures present as mentioned in injuries No. 2 and 3 (external)

Heart-Right side contained little blood and left side was empty Both lungs were healthy and pale

stomach and its contents-There was little fluid present Both intestiner were empty

Liver, spleen and kidney were healthy and pale

Bladder was empty

Fractures and dislocations-Both frontal bones, nasal, orbital bones right upper and lower jaw were having multiple fractures

(3.)The injuries were ante-mortem. In the opinion of Dr. Bapna, the cause of death of the victim was multiple injuries leading to excessive heomorrhage and shock. He was also of the opinion that the injuries found on victim's body were collectively sufficient in ordinary course of nature to cause death. He was further of the opinion that injuries No. 1 and 2 were also individually sufficient in the ordinary course of nature to cause the death. Injuries No. 1 and 2 could be caused by a sharp-edged weapon like Khunt. The post mortem examination reports prepared by him are Ex. P 9 and Ex. P 10. The accused persons were arrested and in consequence of their information furnished by them whilst under Police custody, Khunt and Lathies were recovered. The blood-stained clothes of the victim and of some of the accused persons were also seized and sealed. The articles were sent for chemical examination. Blood was found on them. On the completion of investigation, the police submitted a challan against the three accused-appellants in the court of Munsif and Judicial Magistrate, Sirohi, who in his turn committed the case for trial to the Court of Sessions. The learned Additional Sessions Judge, Sirohi framed charges against them under the appropriate Sections of the Penal Code. The accused-appellants pleaded not guilty and faced the trial. The prosecution examined 11 witnesses and concluded its evidence and the accused-appellants were examined under Section 313. Cr. PC. Thereafter the learned Public Prosecutor moved an application on 25-3-79 under Section 319, Cr. PC that five persons viz., Goma, Tariya, Chamaa, Soniya and Hatta be also impleadd and summoned to face trial. The learned Sessions Judge allowed the sail application by his order dated 29-8-79. The aforesaid five persons were summoned to face trial. The learned Additional Sessions Judge framed the charges under Sections 148, 302 and 302/149 IPC against all the eight accused, to which they pleaded not guilty and faced the trial. In the course of trial, the prosecution examined 12 witnesses and filed some documents. In defence, the accused examined one witness Mst. Jamna (DW 1) daughter of Goma (accused but acquitted). The evidence led in defence is that Jamna was married in the vicitm's village. A day before Deepawali the victim caught hold of her when she was coming from the field and committed rape upon her. She disclosed the matter to her husband and in-laws. Since Indersingh was a Rajput and of ferocious type, they advised her to go to her parents. She thereafter came to her parents is village Willangir. On the next day of Deepawali, the accused came to her parents' house on bicycle with a hockey-stick in his hand. Her parents and brothers were then in their field. The victim abused her and asked her as to why she had come from Meerpur to Wilangiri. He thereafter started dragging her. She lifted a Lathi lying nearby and struck blows to the victim with it. Indersingh fell down outside her house. On the conclusion of trial, the learned Additional Sessions Judge found the prosecution story substantially true as against the three accused-appellants. He found no merit or truth in the defence version. The learned Sesssions Judge was of the opinion that no offence stood proved against accused Sadiya, Goma, Chimaniya. Tariya and Hatta (who were impleaded under Section 319, Cr. PC during trial). They were consequently acquitted. The accused-appellants were convicted and sentenced as mentioned at the very outset. Aggrieved against their conviction and sentence, they have come-up in appeal.