A S.NEHRA,J - (1.) THIS appeal is directed against the judgment dated 27-7-1991 passed by the Additional Sessions Judge, Rewari, by which Ram Partap and Rohtash, accused appellants. were convicted under Sections 302/34 read with section 34/325 & 323 Indian Penal Code, and each of the accused appellants was sentenced to undergo imprisonment for life and to pay a fine of Rs. 4000/- and, in default of payment of fine. to undergo further rigorous imprisonment for six months under Sections 302/34, Indian Penal Code, to undergo rigorous, imprisonment for two years and to pay a fine of Rs. 1000/- and, in default of payment of fine, to undergo further rigorous imprisonment for three months under sections 325, Indian Penal Code, and to undergo rigorous imprisonment for six months under Section 323 Indian Penal Code. However, the substantive sentences of imprisonment of each of the accused appellants were ordered to run concurrently. The co-accused of the accused appellants, namely, Sheo Bux was given the benefit of doubt and acquitted of the charges.
(2.) BRIEFLY stated, the prosecution story is as under : "Ravinder Singh complainant, resident of village Panwar, is the son of Mangal Ram Chand Mohar Singh deceased. Sheo Narain and Daulat Ram were the cousin brothers of his father. The residential honses of all of them are situated as adjoining with one another. The house of Sheo Bux accused is situated in front of the house Mohar Singh and there is an open plot in between their houses. Regarding that plot, there was a dispute between Mohar Singh etc. on the one hand and Sheo Bux etc. on the other hand. Daulat Ram had obtained a stay order against Sheo Bux etc. from the Court. On 23.7.1990 at about 7. 00 p.m the complainant was present at his house then Smt. Sarti (wife of Shoo Bux) and Bharpai (wife of Mohar Singh deceased) started quarrelling, as Sarti threw dirty water in the street and they were abusing each other. In the meantime. Sheo Bux armed with lathi, his son Ram Partap armed with Kulhari and another son Rohtash armed with lathi arrived there They raised a lalkara that they be taught a lesson for taking possession of the plot. In the meantime, Mohar Singh also arrived there. Ram Partap accused then gave two blows with his Kulhari on the head of Mohar Singh, Rohtash gave a lathi blow on the left side of his head while Sheo Bux gave a lathi blow in the middle of his head. Mohar Singh fell down. Sheo Narain also arrived there : He had Bharpai tried to intervene on which, all the accused gave them injuries with Kulhari and lathis. The accused gave further blows to Mohar Singh while he was lying on the ground in an injured condition. The complainant, Desh Ram and Lalman who were also present near the spot and witnessed the occurrence, rushed to the spot and, on their arrival, the accused ran away with their respective weapons. Mohar Singh expired at the spot on account of the injuries sustained by him. Sheo Narain and Bharpai who had injuries on their persons were taken by Ravinder Singh complainant and his uncle Sheodan in a tractor to Civil Hospital, Balwal, where they were medically examined. Desh Ram was left near the dead body. From the hospital, the complainant went to the Police Station, Bawal, and reported the matter to the police, on the basis of which, FIR Exhibit PN dated 23-7-1990 was recorded by SI/SHO Gulshan Lal under Sections 302/323 read with Section 34, Indian Penal Code. The investigation of the case was taken in hand by Sub-Inspector Gulshan Lal himself, who went to the spot lifted the blood-stained earth, sealed it in a parcel with the seal 'GR' and it was taken into possession, vide recovery memo Exhibit PM. He then prepared inquest report Exhibit PB1 on the dead body of Mohar Singh and the dead body was sent for post-mortem examination. He also prepared rough site plan Exhibit PW 14/A and recorded the statements of the witnesses. He remained in search of the accused up to 2-7-1990. On 28-7-90 Ram Partap accused surrendered in the Court of IIaqa Magistrate and the Sub Inspector arrested him from there with the permission of the Court and obtained his Police remand. On 30.7.1990, he interrogated Ram Partap accused in the presence of Subhash and Sheodan. Ram Partap accused made a disclosure statement to the effect that he had kept concealed one Kulhari in the chhappar near his tubewell in the filed and could get the same recovered. His statement Exhibit PW-14/B was recorded, which was signed by him. Thereafter, Ram Partap accused, in furtherance of his disclosure statement, got recovered Kulhari Exhibit P-1 from the place of concealment. The same was put in a parcel, sealed with the seal RK and taken into possession, vide recovery memo Exhibit PW-13/A which was attested by Subhash and Sheodan. The Sub-Inspector also prepared rough site plan Exhibit PW 14/C regarding the place of recovery. Thereafter, he arrested Sheo Bux accused who, on interrogation, made a disclosure statement Exhibit PW-14/D to the effect that he had kept concealed a lathi in the fodder in a room of his house and that he could get the same recovered. Consequently, Sheo Bux accused got recovered lathi Exhibit P-2 which was put in a parcel, sealed with the seal RK and taken into possession, vide seizure memo Exhibit PW-13/B. Rough site plan Exhibit PW-14/B regarding the place of recovery of the lathi was also prepared. On 31.7.1990, Rohtash accused was arrested and, on interrogation on -8-1990, he made disclosure statement Exhibit PW 14/E to the effect that he had kept concealed one lathi underneath the stair case of his house. In furtherance of his disclosure statement, Rohtash accused got recovered lathi Exhibit P-3 which was sealed in a parcel and taken into possession, vide recovery memo Exhibit PO. Rough site plan Exhibit PG about the place of recovery was prepared. On 7-8-1990, the Sub-Inspector produced both the lathis and the Kulhari before Dr. R. Lekha for his opinion and the doctor gave his opinion that the injuries on the person of the deceased could be caused with those weapons. After the post-mortem examination, Constable Maksood Ahmad handed over one parcel of the clothes of the deceased, to the Sub Inspector, which was taken into possession, vide recovery memo Exhibit PH. On 24-7-1990, the Sub-Inspector recorded the statement of Sheo Narain who was found fit to make a statement. The weapons, the bloodstained earth and the clothes of the deceased were sent to the Forensic Science Laboratory, Madhuban (Haryana) for analysis. After completion of the investigation, the accused were challaned." The prosecution, in support of its case, examined 14 witnesses, namely, PW- 1 Dr R Lekha, PW-2 Dr. H. G. Arora, PW-3 Dr Pardeep Kumar, PW-4 Nand Lal Draftsman, PW-5 Constable Satbir, PW-6 Constable Karam Chand, PW-7 Head Constable Ram Kumar, PW8 Constable Maksood Ahmed, PW-9 Jeet Ram, PW-10 Ravinder Singh complainant, PW-11 Shoo Narain PW-12 Smt. Bharpai, PW-13 Sheodan and PW-14 Sl Gulshan Lal.
(3.) PW -1 Dr. C. Lekha, Medical Officer, Civil Hospital, Rewari, conducted the postmortem examination on the dead body of Mohar Singh on 24-7-1990 at 12.35 p.m and found the following injuries on it : 1. An incised wound 4" x 1/2" bone deep on the left side of the scalp 4-1/2" from the left mastoid process. The blood had collected and there was fracture of tempo-parietal bone of the size 3" x 1/2" and the underlying brain matter was damaged 2. An incised wound 3"x 1/2" x bone deep on the left side of scalp and 1/2" lateral to injury No. 1. The blood had collected underneath. 3. There was lacerated wound 3" 2 1" x muscle deep on the middle of scalp. There was blood underneath the injury with a moderate swelling around the injury. 4. There was lacerated wound 3" x I" x muscle deep, I" lateral towards left side to injury No. 3. The blood was collected underneath. 5. There was a reddish swelling 2" x 2" on the left ankle joint at its lateral side, 6. There was multiple abrasions of sizes 2" x I" to I" x I" on the left arm and forearm. 7. There was a reddish contusion 2-1/2" x 2" on the lower part of the back of the abdomen in the mid-line. 8. There was a reddish abrasion 1/2"x 1/2".(sic) just above the left eye. According to the doctor, all the injuries were ante-mortem in nature caused within the duration of 24 hours and the death occurred due to shock and haemorrhage and coma resulting from multiple injuries sustained by the deceased, which were sufficient to cause death in the ordinary course of nature. Exhibit PA is the post mortem report. On police request Exhibit PB, the doctor gave his opinion on 7-8-1990 that the injuries on the person of the deceased could be caused with Kulhari and lathis. ;