Faizan Uddin, J. - (1.) THIS appeal by special leave of this Court has been directed against the judgment of the High Court of Rajasthan passed in Criminal Appeal No. 285/90 affirming the conviction of the four appellants for an offence under Section 302, I.P.C. by the Additional Sessions Judge, Deeg in Sessions Case No. 8/39 ; imposing sentence of life imprisonment on all the four appellants (herein).
(2.) THE four appellants, namely, Arjun, Rampal, Bhagwan Singh and Mukhoram were charged and tried along with four other acquitted accused, namely, Nathu, Pannalal, Damodarlal and Badley under Sections 302 and 148 read with Section 149 of the I.P.C. The prosecution case was that on 27.11.88 at about 11 a.m. when the deceased Jyoti Ram followed by his brother Bohari P.W. 1, was going from his village Baroli Dhau to an adjoining village Pasopa to purchase water pipe, he was way laid and surrounded by the appellants and four other co-accused who emerged from mustard field. The appellants Bhagwan Sahai, Rampal and Arjun were armed with Farsas and the appellant Mukho Ram was armed with Ballam while the rest of the four acquitted accused are said to be armed with lathis. It is said that the appellant Arjun exhorted the other accused persons to kill Jyoti Ram and then all assaulted Jyoti Ram with the weapons they were armed with. When the assault was opened on Jyoti Ram he raised hue and cry inviting the attention of Puran, P.W. 3 who was present in the nearby field and Bhagwan Sahai, P.W. 2, Harish Chandra, P.W. 4, Sat Pal Singh, P.W. 7, who had just come out of the Panchayat Bhavan after the meeting. They all rushed to the place of occurrence to rescue Jyoti Ram. The appellant and the other four acquitted accused on seeing the villagers and witnesses approaching the place of occurrence made their escape good. A written report Ext. P-8 was lodged same day at about 12.40 p.m. by Sat Pal Singh, P.W. 7, the son of the victim in the Police Station, Kama about 13 Kms. away from the place of occurrence on the basis of which FIR Ext. P9 was recorded by Rup Narayan, PW 11, the Station House Officer, Kama.
(3.) THE victim Jyoti Ram died on the way while he was being taken in the tractor of Ram Dhan, P.W. 6 to Kama Hospital. THE police also arrived in the hospital along with the informant, Sat Pal, P.W. 7. In the hospital inquest report, Ext. 2 was prepared. THE blood stained clothes of the deceased Jyoti Ram were seized by the police by seizure memo Ext. P7. Simple and blood stained earth was also seized from the place of occurrence as per seizure memo Ext. P5. Dr. Mangal Ram, PW 8 performed an autopsy over the dead body of Jyoti Ram in Government Hospital, Kama on 27.11.88 itself at 4 p.m. As per post mortem report Ext P. 17 Dr. Mangal Ram found the following injuries on the person of the deceased : (1) Incised wound 4" x 1" x bone deep on right parietal region. (2) Incised wound 3" x 1" x bone deep on left parietal region. (3) Oediamation-Ecling mossis over right eye diffused area. (4) Incised wound 1" x 1/2" x 1/4" on middle part of the right ear. The aforementioned injuries were caused by sharp weapon. (5) Stab wounds five in number-all on the right side of the face, near right side of the face, near ear. All these stab wounds in the opinion of the doctor were caused by sharp weapon and may be inflicted by lance (Ballam). (6) Stab wound 1/2" x 1/2" x 1" at right side of occipital region behind the right ear caused by sharp weapon. (7) Abrasion 1" x 1/2" at right shoulder. (8) Lacerated wound with fracture of 5th metacarpal bone right hand.;