D. P. Gupta, J. - (1.) BY the judgment and order dated 19th August, 1981, IXth Additional Sessions Judge, Agra, in Sessions Trial No. 232 of 1980 ; State v. Lokendra and 12 others, under Sections 302, 148, 149 and 147, I.P.C., Police Station, Donki district Agra, convicted and sentenced the accused appellants Jagdish, Nathi, Govind and Radheyshyam, each to undergo one year's R.I. for offence punishable under Section 147, I.P.C. and accused appellants Lokendra, Charan Singh, Ramesh, Shyam Singh, Ram Babu, Bachchu Singh, Salig Ram, Pyare Lal and Hakim Singh, each to undergo two years' R.I. for offence punishable under Section 148. All the 13 accused-appellants were further convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 149, I.P.C. All the sentences so awarded were to run concurrently.
(2.) THE facts giving rise to this appeal can be narrated in brief as under : P.W. 6, Mahabir Singh and his brother deceased Rajvir Singh and all the accused appellants were residents of the village Gurha, Police Station, Donki, district Agra. In the year 1963 one Devi Singh of village Gurha was murdered. In that murder case Bhanwar Singh, father of the deceased Rajvir Singh and P.W. 6, Mahabir Singh along with Sarman Singh Mohar Singh, Sobaran Singh and Diwan Singh were the accused. Bhanwar Singh had absconded and could not be tried. THE remaining four persons, i.e., Sarnam Singh, Mohar Singh, Sobaran Singh and Diwan Singh were convicted and sentenced to different terms of imprisonment in the year 1966-67. THE appeals of Sarnam Singh and Mohar Singh were allowed by the High Court. THE conviction of Diwan Singh and Sobaran Singh were maintained and they came out of the jail in the year 1975 after undergoing their sentences. Sarnam Singh was the brother of Harnam Singh, and both were sons of Mohar Singh. Diwan Singh is P.W. 7 in the present case. Sobaran Singh was the real brother of Diwan Singh. Rajvir Singh, deceased, was the real nephew of Diwan Singh and Sobaran Singh. Accused-appellants were also inter-related. THE accused-appellant Salig Ram and Lokendra were the brothers and sons of Roshan Singh. Bhanwar Singh, father of appellant Ramesh, Joti Ram, father of appellant Govind, Pyarelal appellant, brother of appellant Hakim were the witnesses in Devi Singh's murder case against Mohar Singh, Sobaran Singh, Sarnam Singh, Diwan Singh and Bhanwar Singh, the father of the deceased. All the accused belonged to one group. In the murder case of Devi Singh, Bhanwar Singh, the father of the deceased Rajvir Singh was declared an absconder and his agricultural land was auctioned which was purchased by the accused-appellant Salig Ram and his father Roshan Singh. There was some dispute about the crop of this land between Roshan Singh and his sons Salig Ram and Lokendra, on the one hand, and Rajvir Singh, deceased, and his family members, on the other. Prior to the occurrence of this case, this agricultural land was given on 'batai' to deceased Rajvir Singh and his brother P.W. 6, Mahabir Singh. The crop sown by the deceased and his brother was forcibly harvested by Roshan Singh about a fortnight from before the date of occurrence. Further, on 30.10.1979 Rajvir Singh, deceased, his brother, Mahabir Singh (P.W. 6), Harnam Singh (P.W. 2) and one Suresh were beaten by the accused-appellants Lokender, Bachchu Singh, Charan Singh, Shyam Singh, Nathi, Hakim, Ram Babu, Radhey Shyam and Roshan Singh, father of the accused appellant Lokendra and Salig Ram. A report of this incident was lodged with the police of Police Station, Donki, district Agra. On 11.2.1980 at about 2.30 p.m. Rajvir Singh, deceased, was going back to his house from his field after collecting some green fodder. When he reached in front of house of Roshan Singh, all the thirteen accused-appellants, named above, surrounded him. The accused-appellant Salig Ram was carrying a country made pistol. Pyare and Hakim were armed with 'pharsa'. Nathi, Jagdish, Govind and Radhey Shyam were armed with lathis'. The rest of the appellants, namely, Lokendra, Charan Singh, Ramesh, Shyam Singh, Ram Babu and Bachchu Singh were armed with spears. Salig Ram exhorted his companions to kill the deceased Rajvir Singh and fired. Thereupon, the remaining 12 appellants started beating the deceased with their respective weapons. Hue and cry attracted the attention of P.W. 2, Harnam Singh, P.W. 6, Mahabir Singh, P.W. 7, Diwan Singh, Jaswant Singh and Sarnam Singh who were sitting at the Chabutara of P.W. 2, Harnam Singh, at a distance of 40 to 50 steps from the place of occurrence. These witnesses rushed towards the place of occurrence and saw the entire incident. Accused-appellants left the place of occurrence after inflicting injuries on the person of Rajvir.
(3.) THE condition of Rajvir was serious. He was immediately taken on a charpai to the police station, Donki, which was at a distance of 2 kms. from the place of occurrence. A written report, Ext. Ka-3, was lodged by P.W. 6, Mahabir Singh. A case at Crime No. 23 of 1980 was registered under Sections 147, 148, 149 and 307, I.P.C. against the appellants on 11.2.1980 at 4 p.m. by Head Constable Ram Dayal (P.W. 9). THE injured was conscious and was capable of giving statement. THE Investigating Officer, S.I., Sobaran Singh (P.W. 11), who was present at the police station, immediately took up the investigation and recorded the statement of the injured, copy of which is Ext. Ka-13. THE condition of the injured further deteriorated. So he was sent to Fatehabad Hospital, which was about 8 miles from the police station. On 11.2.1980 at 4.50 p.m. P.W. 1, Dr. G. S. Katara examined the injuries of Rajvir and he found the following injuries on his person : (i) Incised wound about 1-3/4" x 1/2" x bone deep on left fore arm above the wrist joint. (ii) Incised wound about 3/4" x 1/2" x skin deep on right leg medially about 4" below the right knee joint. (iii) Incised wound about 3/4" x 1/2" x skin deep on right leg medially about 4" below the right knee joint. Both Injuries No. 2 and 3 were in front. (iv) Incised wound about 3/4" x 1/2" x skin deep on the front side of left leg. (v) Contusion 1 "x 2" with swelling on the front side of left knee joint. (vi) Lacerated wound about 1" x 1/2" x bone deep on left hand thumb. (vii) Contusion about 4" x 2" with swelling on left thigh laterally. (viii) Contusion about 2" x 1" with swelling on left wrist joint anteriorly (in front). (ix) Contusion about 2" x 1" with swelling on the back of left forearm. (x) Lacerated wound about 1" x 1/2" x skin deep on right hand thumb between thumb and index finger. (xi) Contusion 2" x 1" with swelling on right thigh front. (xii) Lacerated wound about 2" x 1/2" skin deep on right forearm medially. (xiii) Contusion 2" x 1" with swelling on the back of right hand. (xiv) Lacerated wound about 3/4" x 1/2" x skin deep on right leg front about 12" below the knee joint. (xv) Contusion about 3" x 2" with swelling on right ankle joint medially. (xvi) Contusion 3" x 2" with swelling on right ankle joint laterally. (xvii) Contusion 3/4" x 1/2" with swelling on left hand back. (xviii) Lacerated wound about 3/4" x 1/2" x bone deep on the back of left elbow joint. (xix) Contusion about 2" x 1" with swelling on right hand posteriorly. (xx) Lacerated wound about 3/4" x 1/2" x skin deep on left hand index finger anteriorly. (xxi) Lacerated wound about 3/4" x 1/2" x skin deed on left hand middle finger anteriorly. (xxii) Lacerated wound about 3/4" x 1/2" x skin deep on left hand ring finger anteriorly. (xxiii) Lacerated wound about 3/4" x 1/2" x skin deep on left hand little finger. (xxiv) Lacerated wound about 1" x 1/2" x skin deep on right hand ring finger. (xxv) Lacerated wound about 3/4" x 1/2" x skin deep on right hand little finger. (xxvi) Lacerated wound about 3/4" x 1/2" x skin deep on right hand index finger. (xxvii) Lacerated wound about 1" x 1/2" x skin deep on right hand palm. The injuries were described as fresh. Injury Nos. 1, 2, 3 and 4 were of some sharp edged weapon and the remaining were of blunt weapon. Rajvir complained of pain in the abdominal region but no mark of injury was found there by the doctor. X-ray of abdomen and renal area was advised.;