- (1.) These appeals by the State of Rajasthan are against the acquittal of the accused respondents of the charges framed against them under Sections 148, 302, 307, 323/149, 324/149, 326/149, 324, 326 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The judgment of the High Court of Rajasthan impugned herein is in reversal of the conviction recorded by the learned trial Court against each of the ten (10) accused for the aforesaid offences.
(2.) We have heard the learned counsels for the parties.
(3.) The incident had occurred in the middle of the night of 7th/8th October, 1998. While six (06) of the accused i.e. Jusub Khan, Khania, Dite Khan, Taj Mohd., Nabu Khan and Illamdin were armed with lathis four (04) of them i.e. Muse Khan, Hazi Khan, Bariyam and Shafi Mohammad were armed with sharp weapons. Consequent to the assault allegedly committed by the ten (10) accused respondents on the deceased, the following injuries were caused to the deceased out of which injury No.1 in the opinion of Dr. Dinesh Kumar (PW 21), who examined the deceased, proved to be fatal. "(1) Small sharp ends cut injury of 13 cms x 2 cms where there was in the middle 13 cms x 3 cms wide round on the frontal bone from which blood was pouring out, this wound was sustained in middle of left eye brow towards right side of the head, it was caused by dangerous sharp weapon and is fresh injury which has been caused within one or two hours; (2) side cut injury on lower lips right side going upwards and outside left side having 6 cms x 1 cms x skin diameter, muscles, lower bone and nerves of teeth were cut to the depth and this left side injury was 1 cm inside the skin in the form of line, which was moving towards bone of jaws in the form 2 cms x half cms x jaws and nerves of teeth were cut, due to this injury premolar right side teeth both pre-molar, and first molar left side both canine and four incisor of lower jaws in total 10 teeth were cut from the jaws out of which blood was pouring profusely these are serious sharp heavy weapon injury, these are fresh injuries sustained within 1 or 2 hours time; (3) Injury No.3 injury on the left side of the head with cut mark 5 cms x 3 ml. Metre scalp depth along with parietal bone line fracture, this has been caused by dangerous heavy sharp weapon which is fresh injury caused within 1 or 2 hours; (4) Injury No.4 cut injury 5 cms x 3 ml. Metre scalp depth right side of the head and on the right side upper portion of the ear along with outer table fracture of temple bone, it has been caused with heavy sharp weapon within above mentioned time period; (5) Injury No.5 straight shape side lined cut injury between the neck at the left side towards jaw angle 5 cms long x half cms wide x 1 cms deep above and cutting starno mastabeen muscle. This is serious injury caused with sharp weapon, time period as above; (6) Injury No.6 below the injury No.5 sharp ends 13 cms x 1 cms x 2 cms depth side lined straight shape, moving towards right side of the neck towards right from the front. It has been caused with heavy sharp weapon, time period as above; (7) Injury No.7 exactly below the injury No.6 straight shape 6 cms x half cms x 1 cms straight shape sharp ends between the neck moving towards left side in depth at the breathing pipe which has been caused by heavy sharp weapon time period as above; (8) Injury No.8 1 cms x 3 ml. Metre x skin depth cut wound left side of the neck which has been caused by simple sharp weapon, time period as above; ;