- (1.) PARSADI and Nathu alias Raj Pal appellants have preferred this appeal against the judgment and order dated 19-11-1977, passed by O. P. Mehrotra, Sessions Judge, Mathura, whereby he has convicted both the appellants under sections 302/149 and 32 /149 and 147 IPC and sentenced each of them to imprisonment for life and for six months' R. I. twice respectively. All the sentences were ordered to run concurrently.
(2.) BRIEF facts of the prosecution case are that on 29-5-1974 at about 1.30 P. M. while Lallu (PW 1) and his wife Smt. Rupan (deceased) were looking after their field in which Kakadi and Kharbooja had been sown. The aforesaid two appellants along with one Hari Singh and two other unknown persons entered the field of Lallu and put a net in that field in order to catch rabbits. They also ate some Kakadi and Kharbooja and caused damage to the Kakadi and Kharbooja crops. Then Smt. Rupan asked them not to do so, whereupon they started assaulting her with Lathis. It is alleged that Natho alias Rajpal gave a lathi blow on her head on which she fell down unconscious and when her husband, Lallu came to her rescue, the culprits assaulted him as well. Lallu also plied Dandah in his defence. Besides Lallu, this occurrence is said to have been witnessed by Shobha Ram (PW 5) Girdhari (PW 7) and others. After assault, the culprits ran away across the railway line. Complainant Gordhan Lal (PW 3), who is son-in-law of Lallu injured was present at his cycle shop in Kosi Kalan, came to know that his father-in- law and mother-in-law had been assaulted by Bawariyas in the field, therefore, he rushed to the place of occurrence on a rickshaw and took both of them to Kosi Kalan Hospital, where they were medically examined by Dr. Arvind Kumar (PW 8). On the way Lallu injured told Gordhan Lal complainant how this occurrence had taken place. On the basis of that Gordhan Lal got a report (Ex. Ka-5) prepared by Man Singh and then went to the police station Kosi Kalan and lodged an FIR at 3.30 P. M. on the same day i.e. 29-5-1974. A case was registered against five persons including the two appellants at police station Kosi Kalan under sections 147/323 IPC and both the injured were sent to Primary Health Centre, Kosi Kalan for their medical examinations. As the condition of Smt. Rupan was serious, she was shifted to Mathura Hospital, where she died in the night at about 9 P. M. Sri A. P. Sharma, S. I., Kotwali, Mathura (now dead) prepared inquest report and sent the dead body for post mortem examination through constable Ram Nath Singh. On the receipt of the report of death of Smt. Rupan, the case was converted from section 323/149 IPC to section 302/149 IPC. Smt. Rupan and her husband Lallu were first examined by Dr. Arvind Kumar on the same day at 2 P. M. and 2.45 P. M. respectively. The doctor found the following injuries on their bodies. Smt. Rupan 1. Lacerated wound of 5" x 1/2" x scalp deep on the front of the left side of head and lies 3-1/2" above the left eye brow. Patient was unconscious with poor condition. The above injury was kept under observation and advised X-ray. Duration was fresh (vide injury report Ex. Ka-8). Lallu 1. Lacerated wound of 1-1/2" x 1/2" x skin deep on the back of head and lies 3-1/2" above the left ear ; 2. Abrasion of 1" x 1/2" with swelling of 1-1/2" x 1" around the wound and lies on the upper part of back and lies 3" below the left shoulder joint; 3. A contusion of 5" x 1" on the right side of back with swelling of 3-1/2" x 1-1/2" around it and lies 2" right side of the vertebral columns and lies 4" below the right shoulder joint. The injuries were caused by blunt object and no. 2 was caused by friction. The injuries were simple with fresh duration (vide injury report Ex. Ka 9).
(3.) DR. D. D. Chaturvedi (PW 6) conducted the post mortem examination on the dead body of Smt. Rupan on 30-5-1974 at 5.30 P. M. He found the following two ante-mortem injuries on her person : 1. Stitched wound 4" in length on left side head 3-1/2" above left ear ; Abrasion 1/2" x 1/2" on left side buttock. On internal examination the doctor found that left frontal, parietal and temporal bones under injury no. 1 were fractured. The scalp, membrance and brain were found congested. The stomach contained 3 Ozs. of semi digested food material. The small intestines also contained semi digested food. Faecal matter was found in the large intestines. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of the head injury and injury no. 1 was sufficient in the ordinary course of nature to cause death. The matter was investigated by Akbar Singh (PW 9). He interrogated Gordhan Lal complainant at the police station and went to the spot where he interrogated Shobha Ram, Girdhari, Udai Ram and other witnesses. As Lallu injured had gone to Mathura along with his injured wife, hence he could not be interrogated on that day. He was interrogated subsequently on 31-5-1974. Parsadi appellant was arrested on 1-6-1974. After completing the investigation charge sheet, Ex. Ka-11 was submitted against these two appellants on 19-8-1974. The remaining three accused were absconding, hence they could not be tried along with the appellants.;