K.BHATNAGAR,J. - (1.) IN a trial for the charges Under Sections 302, 34 and 447 IPC, the learned Sessions Judge, Churu held the appellants Mani Ram, Bhanwari and Mohini guilty Under Section 302 read with Sections 34 and 447 IPC and sentenced them each for life imprisonment and a fine of Rs. 2000/ -, in default to six months rigorous imprisonment on the first count and one months rigorous imprisonment on the second count. Feeling dissatisfied by their conviction and sentences, the three appellants have preferred this appeal.
(2.) BRIEFLY stated, the prosecution case is that Surja Ram (PW 6) had three sons viz. Sugna Ram, Jagdish and Durga Ram. Durga Ram became a hermit. Sugna Ram was given land at Rajasar. Thirty -eight bighas of land at village Kohina was cultivated by Surja Ram himself and his son Jagdish. Sugna Ram returned from Rajasar and demanded share of land at Kohina. At the intervention of the panchas, eight bighas of land was given to Sugna Ram by Surja Ram which was cultivated by him.and his family. This caused annoyance to Jagdish and the relations between the two brothers i.e. Sugna Ram and Jagdish became strained. On 11.11.82, Sugna Ram's she -buffalos entered the field of Jagdish. Jagdish drove them out. Feeling aggrieved Sugna Ram's wife Mohini, his son Mani Ram and daughter Bhanwari, present in their field object to it and went near Jagdish outside the field. Mohini is said to be armed with Gandasi at that time and Mani Ram and Bhanwari with lathies. The three appellants started beating Jagdish and inflicted blow on his head. He fell down. Lichhma (PW 5) wife of Jagdish present in the field at a little distance rushed to his rescue and fell over Jagdish lying on the ground. The assailants caused injuries to her also. Narayan Singh (PW 1), a laborer working at the field of Surja Ram and Jagdish, while returning to his house turned back on hearing the cry of Lichhma and saw the appellants giving a beating to her and her husband jagdish. Surja Ram and Narayan Ram took Jagdish to his house and thereafter to Taranagar Hospital and reached there at 1.45 p.m. Dr. S.S. Sekhawat (PW 3) examined the injuries of Jagdish and prepared the Injury Report Ex. P. 9. The doctor noted following injuries on his person. 1. Abrasion 1' x 1/8' on scalp on left parietal region, oblique in direction. Clotted blood was present on the surface. 2. Abrasion 2' x 314' on left temporal region situated above and in front of pinna of external ear. Swelling of the adjacent tissue present over the surface. 3. Abrasion 1/2' x 1/10' on right flank, situated superior to iliac spine. Clotted blood present over the surface. According to the doctor all the injuries were by blunt object and could be caused by lathi. For injuries No. 1 and 2 X -ray was required. Injury No. 3 was simple in nature. On 12 11.82, Jagdish succumbed to the injuries sustained by him at 9.15 a.m. Dr. Sekhawat conducted the post -mortem examination of the dead body of Jagdish and noted as under The patient was brought to the hospital in unconscious state after sustaining injuries of scalp and temporal region. General condition was poor. His condition gradually declined and he expired at 9.50 a.m. He was -average built and nourished. Rigor mortis was not present. No post -mortem staining was present. There was no discharge from orifices. Eyes were closed. Mouth was half open. There were following injuries on his body: 1. Abrasion, 1' x 1/8' on scalp, on left parietal region oblique in direction. Clotted blood was present over the surface. 2. Abrasion 2' x 314' on left temporal region situated above and in front of pinna of external ear. Clotted blood was present over the surface. 3. Abrasion 112'x 1110' on right flank situated superior to the iliac spine. Clotted blood was present over its surface. Internally in the skull, epidural haemetoma was present in left from to parietal area, depressing brain matter. Sub -dural haemaioma was present in left parietal area. There was a laceration, 3/4' x 3/4' X 1/4' in left parietal area of brain matter. Widening of the following sutures was present 1. Sagittal suture at anterior frontal area. 2. Right from to -parietal suture upto base of skull. 3. Left tempro -parietal suture '' There were following fractures present. 1. Depressed fracture of left temporal bone. 2. Fracture of right frontal bone. 3. Fracture of right parietal bone. 4. Fracture of left frontal bone resulting in multiple pieces. 5. Fracture of left parietal bone. 6. Fractural of left temporal bone, communicating upto base of skull. All the injuries according to the doctor were ante -mortem in nature. The cranial injury was found to be sufficient in the ordinary course of nature to cause death. The cause of death was shock and haemorrhage due to extensive cranial injuries. The post -mortem Examination Report is Ex.P.10. On 12.11.82 on receiving information Ex.P.3 from Dr. Sekhawat about Jagdish being admitted in hospital in injured condition, Bhanwarlal, v. SHO of Police Station, Tara agar went to the hospital. Surja Ram, father of Jagdish, submitted to him the written information Ex.P.8. Case Under Sections 307, 323, 34 IPC was registered. On the death of Jagdish deffence Under Section 307 was converted to one Under Section 302, IPC. The Inquest Report of the dead body of Jagdish Ex.P.19 was prepared by SHO. He also prepared Panchayatnama of the dead body Ex.P.20. The SHO went to the site and made investigation there. On 12.11.82 he arrested Mani Ram vide Memo Ex.P.27. While under custody, appellant Mani Ram furnished information for getting recovered one lathi and in pursuance of that information he got recovered one lathi (Article 2) from beneath the heap of grass in his field. On 12.11.82, appellant Mohini was arrested vide Memo Ex. P. 28. She also furnished information for getting one Gandasi recovered and got recovered Gandasi (Article 6) from her house. On 17.11.82, Bhanwari, appellant was arrested vide Memo Ex.P.17. At that time she produced one lathi before the SHO which was taken in possession. On 13.11.82, SHO examined Narayan Singh 'and Lichhma. The articles were sent for chemical examination. Human blood was found on one lathi, clothes of the deceased and the blood soiled earth. At the time of arrest, two appellants had injuries on their person. On 12.11.82, Dr. Megh Singh examined the injuries of Mohini and prepared the injury Ex.D.S. The doctor noted following injuries on her person: 1. Abrasion, 1/2' x 1/8', on the back over the base of left thumb. It was associated with diffused swelling and tenderness. Scale formation had set in. 2. Abrasion, 1/2' x 1/4', in middle of alnar aspect of left fore -are. It was tender and serum discharge was present. Both the injuries were by blunt object and simple in nature. On that very day in the evening Dr. Megh Singh examined the injuries of Mani Ram and prepared report Ex.D.3. Doctor noted following injuries on his person 1. Abrasion, 1/4' x 1/4', on upper and back part of left shoulder at lateral end of clavicle bone. Scale formation had set in. 2. Diffused swelling around lower part and base of left thumb. It is tander. The injuries were simple in nature caused by blunt object. On 13.11.82, the doctor examined the injuries of Lichhma and noted as under: 1. Bruise 3' x 1', on the postero -laterai aspect of middle of right arm. Colour was blue at periphery and red in the centre. 2. Abrasion, 1/8' x 7/8', on base of back of right little finger, scale formed. 3. Bruise, 5' x1', on antero -lateral aspect of lower part of right thigh, oblique in direction, colour was blue at periphery and red in the centre. 4. Bruise, 3' x 1', on lateral part of left lumber region, oblique in direction. Colour was blue at periphery and red in centre. 5. Abrasion, 1' x 1/4', on right parietal area of scalp. It was anterior to the right parietal eminence, scale formed. 6. Abrasion, 1/10' 1/10', on base of back of little finger. All the injuries were simple in nature and caused by blunt weapon. The injury Report is Ex.P.I. Upon completion of necessary investigation, charge sheet against the three appellants was filed in the Court of Munsif and Judicial Magistrate, Rajgarh. The learned Magistrate committed the case to the court of Sessions Judge, Churu. The learned Sessions Judge charge sheeted the appellants as states earlier and recorded their plea. All of them denied the allegations and claimed to be tried. Prosecution examined 9 witnesses in all to substantiate its case. Mohini stated that she was at her house at that time and injuries were caused to her by cow. Bhanwari pleaded alibi. Mani Ram stated that on the date of occurrence he and Jagdish were in their respective fields and Narayan Singh, Lichhma and Surja Ram were not there. When he was to his house in the evening, Jagdish attacked from behind and inflicted lathi blow. In order to save himself he wielded lathi which it being dark, hit the head of Jagdish. Jagdish fell down. He ran to the village and informed there. He denied to have got recovered lathi, No defence witness was examined. The learned Judge placed reliance on the testimony of the three eyewitnesses and passed the judgment under appeal.
(3.) WE heard MR. Sunil Mehta, learned Counsel for the appellant and Mr. Kanti Lal Jasmatiya, learned Public Prosecutor for the State.;