- (1.) THIS appeal is directed against the judgment dated June 3, 1980 of learned Addl. Sessions Judge, Ajmer in Sessions Case No. 73/79 (116/79) by which he acquitted the co-accused, namely, Smt. Rameshwari Devi, Jaikishan alias Misra and Bhagwan Singh alias Hira but convicted the appellants Krishna Kumar alias Lala and Ramesh Chand u/s 304 part II read with S. 34 IPC and sentenced one of them to undergo four years R. I. and to pay a fine of Rs. 1000/ -. In default of payment of fine each of the appellant was further required to undergo R. I. for six months.
(2.) THE prosecution case is that a minor daughter of the co-accused Rameshwari Devi was abducted by deceased Ghisu Singh on or about 22nd May 1979 and a report, Ex. P/14, was made at Police Station, Beawar. It is alleged that P. W. 12 Babudin and one boy came to the village of Ghisu Singh, deceased and asked him to go along with them to meet with Smt. Rameshwari Devi for the compromise in the abduction case. Deceased Ghisu Singh came at Beawar, along with PW-12 Babudin reached at Royal Takeez at about 10. 30 P. M. on August 25. 1979. It is alleged that co-accused Misra, Hira and other persons were standing there in the Royal Takeez. When Ghisu Singh came there, they caught hold of the deceased Ghisu Singh and then he was taken to the house of co-accused Rameshwari Devi, who is also called as "sethani" THE prosecution case further is that the deceased Ghisu Singh was assaulted there by the appellants and "sethani", i. e. Smt. Rameshwari Devi and on account of the injuries sustained by him, he became unconscious and that he was also beaten by the other Staff members. About the same incident Smt. Rameshwari Devi made a report at the Police Station on telephone, which was received by P. W. I Mahender Singh. On getting the said information P. W. 25 Badri Narain, along with some police men, came on the spot and entry in "roznamcha" Ex. p/28 was made by them, after returning from the place of occurrence in which this fact was also mentioned that deceased Ghisu Singh had given a knife blow on the right hand of Smt. Rameshwari Devi. This entry was made at about 11. 00 P. M. on the same day just after the occurrence. PW-18 Dr. Raja Ram Nadh examined the injuries of Smt. Rameshwari Devi and he found one incised wound over the right hand forearm lower part. Though this injury was found to be simple but it was by sharp edged weapon and M. L. R. Ex. D/10 was proved by this witness. Further Smt. Rameshwari Devi also made a report Ex. p/42 at the Police Station, Beawar on the same day just after the occurrence, in which she had mentioned about infliction of a knife blow to her by the deceased Ghisu Singh. This report is Ex. p/42 and this report has been proved by pw/25 Badri Narain, who was SHO. Station, Beawar. It appears that after the police persons came on the spot, Chisu Singh was taken to hospital in an injured condition and he was admitted there. On August 26. 1979 the police enquired from the doctor to verify whether Ghisu Singh was in a condition to make his statement, on which Pw/16 Dr. Sarla Panwar replied that the condition of the patient was serious and was not in a position to give the statement. This report was made by the doctor on August 26,1979 at about 10. 00. However, subsequently a further communication Ex. P/16 was given by the same doctor to the effect that the patient was in a position to make statement and this information P. W/23 A. S. I. Naresh Babu came at the hospital and recorded the statement of Ghisu Singh which is Ex. P/17. This statement is said to have been recorded in the presence of Dr. Sarla Panwar and S. H. O. Badri Narain. On the basis of the statement the police registered the case u/ss. 307 and 325 IPC and started investigation. The prosecution case further is that subsequently another statement of Ghisu Singh was recorded u/s. 161 Cr. P. C. and the same is Ex. p/45 on the record. P. W. 18 Dr. Raja Ram head examined the injures of Ghisu Singh on 25. 8. 79 when he was admitted in Amrit Kaur Hospital, Beawar. The doctor found the following 10 injuries on his person:- 1. Lacerated wound with bleeding and deformity 1" x -" bone deep on mid portion of left leg. 2. Lacerated wound with bleeding and deformity 1" x 1/3" on mid portion of right leg 3. Lacerated would - " x 1/10" near lateral opicordyle, right arm. 4. Abrasion with deformity 1" x -" lower half right forearm. 5. Abrasion swelling and deformity 1" x 1" area right forearm, upper part posteriorly. 6. Abrasion 1/3" x l/8" at. hand posteriorly.
(3.) ABRASION 1/3" x 1/3" posteriorly in mid portion. Lacerated wound 2" x 1/8" Rt. index finger. Bruise 3"xl" front of chest and clavical area left side. ;