L.S.MEHTA, J. - (1.) THE deceased Ramdeen and the accused Nathu and others were closely related to one another. Ramdeen was the younger brother of the accused Nathu. The accused Bhagirath is Ramdeen's brother's son. Narain and Nanura, are nephews of Ramdeen. The accused Goda is the brother of Ramdeen and so also Sewa.
(2.) THERE was a dispute between Ramdeen and the accused Nathu and others in respect of a 'Dhora' (water channel). Both the parties had their agricultural land on the well, known as 'Navora'. The land had been partitioned some time before the occurrence. Ramdeen got some land, attached to the 'Navora' well, as his share. He has sunk another well, which was known as 'Ram Sagar'. He wanted to irrigate his land on the 'Navora' well by drawing water from 'Ram Sagar' well and for that purpose he had raised a 'Dhora' (water channel) passing through the land of the accused. This gave rise to serious controversy between Ramdeen and the accused persons. Ramdeen and his 'Siri' (partner) Hardeo, P.W. 9, had gone to the village 'Reshi' on january 19, 1967, to buy jaggery.They brought half a bag of jaggery therefrom and returned to their village Khokharia at about sun -set. Ramdeen then went towards the 'Navora' well to ease himself. Hardeo went to his house, taking jaggery with him, Mst. Sonkhi, P.W. 10 and Roopla son of Ramdeen, P.W. 11 were present in the house. The accused Nathu and 8 others, armed with 'Pharsi' axes, lathis and Gola chased Ramdeen. Having seen the accused, Hardeo suspected some foul play. He told Mst. Sonki, P.W. 10, and Roopla, 11, as to how Nathu and others were pursuing Ramdeen. All the 3 accused persons then hurriedly proceeded towards the 'Navora' well. Ramdeen's daughter Mst. Sayari, aged about 15 years, was working in a nearby carrot field at a distance of 30 or 35 paces away from her farther. All the 9 accused overtook Ramdeen. The accused struck a 'Pharsi' blow on his head. Bhagirath administered an axe blow on his jaw. The accused Sewa's axes landed on his neck Narain also caused an axe blow on his shoulder. Thereafter the rest of the accused administered beating to him with the weapons in their possession. Mst. Sayari dashed swiftly towards her father. She fell upon him in under to save his life. The accused Nanura then struck an axe blow on the head of Mst. Sayari. On seeing Hardeo, P.W. 9, Mst. Sonki, P.W. 10, and Roopla, P.W. 11, all the accused left together the place of the occurrence and went away to their respective homes Ramdeen died on the spot instantaneously. First information report of the occurrence was lodged on January 20, 1967, at 1 a. m., with the police station, Peelwa, by Mst. Sayari, accompanied by D W. 4 Kan Singh. The police registered a case under Sections 302 and 324, I.P.C, and carried out investigation. The police reached the spot before long. Autopsy of the dead body of Ramdeen was conducted by Dr. Umad Singh, P.W. 4. Medical Officer -In -charge Government Hospital, Parbatsar. Following injuries were found on the person of the deceased: 1. Incised wound 4 X 1' X 13/4' obliquely placed between right ear and eye -brow with broad and posteriorly and narrower and touching the zygomatic eminence of the face. The scalp hair skin right temporal and orbicularious oculi (orbital part) muscles, right temporal, sphenoid and zygomatic bone and branches of superficial temporal arteries are cut through underlying brain matter and membrance also cut. 2. Incised wound 3' X3/4' X1' spindle shaped, obliquely placed between outer end of right eye -brow and alinasi length wise. The orbicularies oculi (palpabral and orbital parts, levator labii superiours alaque nasi muscles of right side; right zygomatic and maxilla bones right facial transfer facial and deep temporal arteries and branches of right facial nerve cut through. 3. Incised wound 1' X ' ' X ' behind injury No. 2. 4. Incised wound 1' X ' X 1/8' right leg mid front just inner to the anterior border of tibia, which is obliquely placed. 5. Incised wound 21/3' X 1' X 1' base of neck behind the cutting through trapezius splenius and semi -spibalius muscles and vertically placed. 6. Incised wound 2' X ' X 1' obliquely placed 1' above injury No. 5 cutting through hair, skin, occipital muscle, nerve and artery and brain matter underneath. 7. Incised wound 3' X ' X' horizontal 2' above injury No. 6. 8. Abrasion 1' X' right uoper scapuler region. 9. Abrasion 3/4' X 3/4' back left side at the level of 10th rib. 10. Abrasion 3' X 2/3' lumber region right side. 11. Abrasion 3/4' X' left arm outer side lower 4th. In the opinion of the Doctor the cause of death of Ramdeen was coma and syncope due to haemorcharge and traums to brain and bonus resulting from the injuries inflicted to him. Injuries Nos,. 1, 2, 5 and 6 were grievous. Injuries Nos. 1, 2, 3, 4, 5, 6 and 7 were caused with a sharp -edged weapon. Injuries Nos. 8, 9, 10 and 11 were inflicted with a blunt object. The Doctor further opined that all the injuries were collectively sufficient in the ordinary course of nature to have caused the death. Injuries Nos. 1 and 2 were individually sufficient in the ordinary course of nature to have resulted in the death of Ramdeen. The Doctor also expressed opinion that injuries Nos. 1, 2 and 7 could have been caused with 'Pharsi' Ex. 27. Injuries Nos. 3, 4, 5, and 6 could have been inflicted with Kulhari Exs. 23 and 30. The Doctor also examined Mst. Sayari. He found an incised Wound 1' x x' on her scalp left side on pariectal region parallel to sagital suture. The injury was simple and was caused with a sharp edged weapon.
(3.) THE police , prepared description memo of the site Ex. P. 2, inquest report Ex. P. 4 and seizire memo of the blood stained clothes produced by Mst. Sayari Ex. P. 5. Information given by the accused Nathu about the availability of 'Pharsi' is Ex. P. 19. Recovery memo of the 'Pharsi' at the instance of the accused Nathu is Ex. P. 20. The police also prepared other necessary documents. After the investigation was concluded the police put up a challan against, all the 9 accused persons in the court of the, Munsiff -Magistrate, Parbatsar. That court conducted preliminary inquiry in accordance with Section 207 -A., Cr. P.C., and committed all the 9 accused persons to the court of the Sessions Judge, Merta, to face trial under Section 302 and 147, I.P.C. Charges were re -framed by the trial court and the accused were charged under Sections 148, end 302 I.P.C, substantively or in the alternative under Section 302 or Section 149, I.P.C. They were also charged under Section 324 or in the alternative under Sections 324/34, or 149, I.P.C. The accused pleaded not guilty to the aforesaid charges and claimed to be tried. On behalf of the prosecution 12 witnesses were examined. As Mst. Sayari. daughter of Ramdeen, had been dead, her statement taken by the committing court on April 1, 1967, was placed on record in accordance with the provisions of Section 33, Evidence Act. In their statements recorded under Section 342, Cr. P. C, mostly the accused persons raised pleas of alibi. They examined 7 witnesses in their defence. The trial court convicted the accused Nathu. Narayan, Bagirath and Sewa for offence under Section 302 and Nanura for offence under Section 302, read with Section 149, I.P.C., and sentenced each of them to imprisonment for life. Narain was further found guilty under Section 324, I.P.C , and was sentenced to rigorous imprisonment for 3 months. Both the sentences imposed on him were directed to run concurrently. The accused, Goda, Pemla, Hemla and Umla were acquitted of the offences with which they were charged.;