MATHUR, J. - (1.) ELEVEN accused persons were put to trial for offences under Sections 302, 307, 325, 323, 147, 148, 149 and 201, I. P. C. All the accused persons, except appellant Chetram, have been acquitted of offence under Sections 302, 307 and 325, I. P. C. They have been convicted for offence under Section 323/149, I. P. C. The appellant Chetram has been convicted for the offence under Sections 302, 323 and 147, I. P. C. He has been sentenced to life imprisonment for offence under Section 302, I. P. C. No. separate sentence has been passed for minor offences.
(2.) THE prosecution case as disclosed during the trial is as follows: P. W. 1 Nandram was an employee on the shop of Ganga Ram the father of the appellant Chetram. A sum of Rs. 150/-were advanced as loan to P. W. 1 Nandram. On 10. 2. 79 at about 3. 00 P. M. accused Chetram visited the house of Nandram and asked him to repay the loan. As oral altercation took place between them. Chetram left the place giving threat to Nandram to teach him a lesson. On the same day at about 9. 30 or 10. 00 P. M. while P. W. 1 Nandram was sleeping in his house all the accused persons, namely, Chetram, Purkharam, Lal Chand, Maniram, Taruram, Madanlal, Mst. Surti, Mst. Kamla, Brijlal, Sukhdeo and Dharmchand armed with deadly weapons arrived. THE accused Brijlal was armed with Kasia, Purkharam with Kulhari, Mst. Kalawati with Barchi, Sukhdeo with hockey and the rest of the accused persons with lathis. When Nandram case out of the house all the accused persons assaulted him. Hearing the cries P. W. 4 Lichman, P. W. 2 Mst. Kamla and P. W. 7 Mst. Vimla reached on the spot. THEy were also assaulted by the accused persons. Hearing their cries the deceased Tolaram, P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 3 Govind Ram and P. W. 10 Sriram in a raised voice asked them not to worry, they are reaching for their help. THE house of Tolaram is at a distance of 85 Pawandas from the house of P. W. 1 Nand Ram. All the accused persons proceeded towards the house of Tola Ram. THE injured eye witnesses, namely, P. W. 4 Lichman Ram, P. W. 2 Mst. Kamla and P. W. 7 Mst. Vimla also followed them. Appellant Chetram struck a lathi blow on the head of Tola Ram. Under the impact of the lathi blow Tola Ram fell down. At that time P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 10 Sriram, P. W. 3 Govindram etc. also arrived at the house of Tola Ram. THE accused persons assaulted them also. Tolaram and other persons were taken to the hospital at Suratgarh P. W. 4 Lichman Ram lodged a first information report of the incident at police station Suratgarh. P. W. 13 Aast Ali Khan registered the first information report Ex. P/1 and proceeded with investigation. Tolaram died in the hospital on 11. 2. 79 at 7. 45 A. M. After usual investigation the police laid charge-sheet against 11 accused persons for offence under Sections 302, 307, 325, 323, 147, 148, 149 and 201 I. P. C. All the accused persons pleaded not guilty and claimed trial. The prosecution in support of the case examined 13 witnesses. All the accused persons in their statement under Section 313, Cr. P. C. denied the correctness of the prosecution evidence appearing against them. They also pleaded the plea of alibi. Analysing the evidence, the learned Judge found the prosecution case proved. Accordingly, the learned Judge convicted and sentenced the accused persons as noticed above. Assailing the conviction it is contended by Mr. M. L. Garg, learned counsel for the appellant Chetram that the prosecution witnesses have not given the true version of the incident. The learned counsel invited our attention to the site plan Ex. P/2 and argued that the incident has not taken place infront of the house of Tolaram as alleged by the prosecution. It is submitted that the place of incident has been changed by the prosecution. It is submitted by Mr. Garg that the incident has taken place in between the house of P. W. 1 Nandram and deplicated house of Surjaram. It is suggested that deceased Tolaram and other persons of complainant party attacked on accused persons and caused injuries to them the learned counsel for referred to Injury Report Ex. D/9 of accused Lalchand, Ex. D/8 of Brij Lal and Ex. D/10 of Mst. Kamla. It is submitted that injuries on the person of accused persons have not been explained. The counsel has also read the statement of the eye witnesses and submitted that they have exaggerated the version. In the alternate it is submitted that the accused Chetram struck only single blow to the deceased, this shows that he did not intend to commit murder of Tolaram and as such his conviction cannot travel beyond Section 304 Part 11, I. P. C. On the other hand the learned Public Prosecutor assisted by Mr. K. L. Thakur, counsel for the complainant has supported the judgment of the learned trial Judge. We have considered the rival contentions and scanned the prosecution evidence carefully. P. W. 12 Dr. S. B. Jhanwar has stated that Tolaram was admitted in the hospital on 10. 2. 79 at 10. 20 P. M. He sustained injuries on the head. He died on 11. 2. 79 at 7. 40 A. M. He also stated that he conducted the autopsy of dead body of Tola Ram and found the following injuries on his person: 1. Lacerated wound 3" x 1/4" x bone depth posterior part of frontal and mid parietal region. 2. Fracture of both parietal bones extending upto temporal bones on both sides-fracture was in interparietal region. Posteriorly a piece of bone was prominent and fracture was complete. 3. Laceration on outer surface of left parietal lobe and there was intra cerebral haemorrhage in substance of brain. He has proved the post-mortem report Ex. P/11. In his opinion the cause of death was head injury. On the same day Dr. Jhanwar also examined P. W. 4 Lichman and noticed the following injuries : 1. Diffused swelling 3" x 3" left thigh 3" above left knee. 2. Diffused swelling 4" x 3" right thigh 4" above right knee. 3. Diffused swelling 1" x 1" left side of forehead. 4. Lacerated wound 3" x 1/8" x bone depth right parietal and adjacent part of frontal bone. He has proved injury report Ex. P/12. He found all the injuries simple in nature caused by blunt object. PW. 12 Dr. S. B. Jhanwar also examined P. W. 1 Nandram and found the following injuries: 1. Diffused swelling 3" x 3" dorsem of right hand and adjacent finger. 2. Diffused swelling 4" x 4" on left thigh mid part. 3. C/o pain chest right side and felt difficulty in respiration. He has proved injury report Ex. P/13. In his opinion the injuries No. 2 and 3 were simple in nature caused by blunt object. On radiological examination injury No. 1 was found to be grievous. Dr. Jhanwar also examined P. W. 9 Manaram and found the following injury on his person: Diffused swelling 1/2" x 1" left forearm just above wrist. He has proved injury report Ex. P/16. In his opinion the injury was simple, caused by blunt object. Dr. Jhanwar also examination P. W. 3 Govind Ram and found the following injuries on his person: 1. Few superficial abrasions on lower and middle part sternum and adjacent ribs on both sides. 2. Diffused swelling 1" x 1" right thigh just above knee. He has proved the injury report Ex. P/17. In his opinion the injuries were simple, caused by blunt objection. Dr. Jhanwar also examined P. W. 10 Sriram and found the following injuries on his person: 1. Abrasion 1/2" x 1/2" right hand just below wrist. 2. Small abrasion on upper part of nose. 3. Two small abrasions adjacent to each other on left side of face just below left eye. Abrasion 1/2" x 3/4" right side of ileac bone. He has proved the injury report Ex. P/18. In his opinion all the injuries are simple in nature, caused by blunt object. Dr. Jhanwar has further stated that he examined P. W. 5 Mst. Chawli, wife of Nandram and found the following injuries: 1. Abrasion on right left just above ankle. 2. Diffused swelling 1" x 1" right knee. He has proved the injury report Ex. P/19. In his opinion both the injuries are simple in nature, caused by blunt object. He also examined P. W. 2 Mst. Kamla wife of Laxman and found the following injuries: 1. Bruise 4" x 1 1/2" left thigh 4" above knee. 2. Few abrasions on left wrist. He has proved the injury report Ex. P/20. In his opinion the injuries were simple in nature, caused by blunt object. He also examined P. W. 7 Mst. Vimla and found the following injuries: 1. Diffused swelling 2" x 2" left thigh upper part. 2. C/o pain left lower coastal region. 3. Abrasion on right side of neck and right ankle. He has proved injury report Ex. P/21. In his opinion the injuries were simple in nature, caused by blunt object. Dr. Jhanwar also examined P. W. 8 Phool Chand and found the following injuries: 1. Abrasion 1/4" x 1/4" left thumb proximal phylinx. He has proved injury report Ex. P/15. In his opinion the injury was simple in nature, caused by blunt object. P. W. 12 Dr. Jhanwar also examined the accused Brijlal on the same day and noticed the following injuries: 1. Lacerated wound 3/4" x 1/8" x 1/8" right posterior parietal region. 2. Two abrasions of 1/2" x 1/2" on thigh shoulder. 3. Small abrasion on left right just above knee. 4. C/o pain in left ring finger. He has proved the injury report Ex. D/8. In his opinion all the injuries were simple, caused by blunt object. He also examined accused Lalchand and found the following injuries: 1. Contusion 3/4" x 3/4" in occipital region left side. 2. Small abrasion on upper part of nose. 3. Small abrasion on dorsem of left hand. 4. Small abrasion of lower part of left arm. He has proved injury report Ex. D/9. In his opinion the injuries were simple, caused by blunt object. He also opined that all the injuries were on vital parts. He also examined accused Mst. Kamla and found the following injuries: 1. Lacerated wound 1/4" x 1/4" x 1/4" left elbow. 2. C/o pain in back-no injury was seen. He has proved the injury report Ex. D/10. In his opinion the injuries were simple, caused by blunt object. Thus from the medical evidence it stands proved that the deceased Tolaram died of homicidal death. From the complainant party 9 persons sustained injuries. In total they have sustained 20 injuries, out of which 19 injuries are simple, caused by blunt object. One grievous injury has been caused on the finger of P. W. 1 Nandram, caused by blunt object. Three accused persons have sustained 10 injuries, all simple in nature, caused by blunt object. The accused Brijlal has sustained one injury on the vital part of the body.
(3.) A survey of the prosecution evidence shows that the incident took place in two parts at different locations. The first incident took place outside the house of P. W. 1 Nandram. The witnesses of this incident are P. W. 1 Nandram. P. W. 5 Mst. Chawli wife of Nandram, P. W. 4 Lichma, P. W. 2 Mst. Kamla wife of Lichma and P. W. 7 Vimla. The second incident alleged to have taken place infront of the house of deceased Tolaram. In addition to the witnesses of the first incident the other eye witnesses are P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 3 Govind Ram and P. W. 10 Sriram. Regarding the first incident P. W. 1. Nandram has stated that he served on the shop of accused Chetram for about 16 months. He had advanced a loan of Rs. 150/-to him. On the date of incident at about 3 P. M. the accused Chetram came to his house and made demand of the loan amount. He assured him that the amount of loan shall be paid within four days. He abused him and while leaving threatened to teach lesson. In the night at about 9 or 10 while he was sleeping in his house all the accused persons came to his house. Accused Chetram was armed with lathi, Brijlal with Kasia, Purkharam with Kulhari, Lalchand with Barchi, Kalawati with Barchi, Sukhdev and all others with lathis. Appellant Chetram asked him to come out the house. Chetram inflicted injury on his leg, Purkharam on the palm of right hand and on left ribs, and Dharma on the left thigh. Hearing the cries P. W. 4 Lichma and his wife Vimla arrived on the spot. The accused persons assaulted them also. Hearing their cries Manaram, Govindram, Sriram, Dhularam and Tolaram inquired about the assailants. They also said in a raised voice that they are reaching. Thereafter the accused persons proceeded towards the house of Tolaram. They also followed them. Tolaram questioned Chetram as to why he was quarrelling. Chetram struck a lathi blow on the head of Tolaram. He fell down and became unconscious. The other witnesses were also assaulted. In the cross examination he stated that the accused persons thrashed them for about 15-20 minutes. He also stated that the accused persons dragged and brought him out of the house, on account of which he sustained injuries. It is significant to notice that the injury report Ex. P/13 shows that P. W. 1 Nandram sustained one injury on the dorsem of right hand adjacent to the finger. There was a diffused swelling on the left thigh. He was also complaining pain chest on the right side. P. W. 5 Mst. Chawli is the wife of P. W. 1 Nandram. She has given statement almost in the line of her husband P. W. 1 Nandram. She stated that Brijlal inflicted injury on her leg by Kasia. Chetram inflicted injury on the left leg. She also stated that all the accused persons participated in assaulting them. She has also shown the presence of P. W. 4 Lichma and P. W. 7 Vimla. Injury report Ex. P/20 shows that Mst. Chawli sustained a bruise on the left thigh 4" above knee and few abrasions on the left wrist. There is no injury on her leg. ;