KANTA BHATNAGAR, J. - (1.) IN the case of murder of one Jagsi, resident of village -Suliva, trial was conducted against nine persons viz, Mafta, Narsa, Surta, Sona, Masunga, Shanti, Kastura, Raja and Karta by the sessions Judge, dirohi for the charges Under Sections 148, 302, 452, 157 and 302/149 I.P.C. Raja and Nava accused died during the pendency of the trial. Vide judgment dated July 21,1986 the learned Sessions Judge acquitted Sona, Masunga, Shanti and Kastura of the charges levelled against them. By the same judgment Mafta, Narsa and Surta were held guilty Under Section 304 Part -I I.P.C. and sentenced to imprisonment for life and a fine of Rs.100/ - in default of payment of fine to undergo one months R.I. each. They were also convicted Under Section 148 I.P.C. and sentenced to one years R.I. and a fine of Rs.100/ - in default of payment of fine to undergo one months R.I. each. Mafta was also convicted Under Section 452, I.P.C and sentenced to one year R.I. and a fine of Rs. 100/ - in default of payment of fine to undergo one months.R.I.
(2.) FEELING dissatisfied by their conviction and sentences the three accused viz. Mafta, Narsa and Surta filed appeal being No. D.B. Criminal appeal No. 313 of 1.986. They also filed appeal through the Superintendent, Central Jail, Udaipur bearing No. 23 of 1987. The State of Rajasthan preferred appeal -bearing No. 76 of 1987 against the acquittal of Sona, Masunga, Shanti and Kastura. As all the three appeals arise out of the same judgment we propose to decide them by one common judgment. Briefly stated the prosecution case against the accused was that Jagsi deceased and his younger brother Popat were doing labour at Ahmedabad. Popat took away Savita, daughter of Hamira, eight months prior to the date of the occurrence i.e. July 20,1984 and kept her as his wife. This caused annoyance to Hamira and his brothers. On July 19,1984 Jagsi came to village Suliva from Ahmedabad. On July 20,1984 on the occasion of the death of Ajja, father of Kastura, the caste follows had assembled at his house, shantilal, brother of the deceased and his father Dhanna had gone to the field in the morning. Jagsi and his wife Radha(P.W. 4) were there at the house near the house of Ajja where caste follows of the village and another village Mandar had assembled. Jagsi also went to the field in the morning and returned with Samratha(P.W. 5) his cousin. Savita took food at the house of Jagsi. Radha(P.W. 4) asked Jagsi also to take good but he wanted to take the food after sometime. At that time appellant Mafta went to the house of jagsi and asked him to accompany him to the place where panchas were, so that decision about Savita may be taken Jagsi told Mafta that only when Savita's father, who was at Ahmedabad will come he will talk about her, Mafia pushed Jagsi and took him with him. Radha(P.W. 4) and Samratha (P.W; 5) also went outside. They saw nine accused giving a beating to Jagsi, Surta, Mafta and Narsa were armed with axes and remaining accused with lathis. Samratha (P.W. 5) remained at a distance and on being threatened ran away from there. Radha(P.W. 4) went to the field and informed her brother -in -law Shanti Lal and father -in -law Dhanna about the incident. Shanti Lal went to the police station Mandar and lodged the report Ex. D/1 on the basis of which F.I.R. Ex.P/9 was chalked out. Hamir Singh (P.W. 13), In charge of that Police Station went to the site and conducted necessary investigation. He then entrusted the investigation to Govind Singh(P.W. 14), S.H.O. of that body of jagsi was conducted by Dr. Umed Singh(P.W. 1) Medical Officer, Government Hospital Mandar. The postmortem examination report is Ex.P/1. The doctor noted following three incised wounds on the dead body: (1) Incised wounds: 4 1/2x3''x1/2 horizontall'placed begining from Junction C5, C6 towards rt. side of neck. (2). Incised wound 3' x3/4 x1/2 on scalp Just below postoccipit places obliquely slightly to right side. (3). Incised wound 1' x 1/2' x 1/4 on scalp 2' behind Ant.protanelle.
(3.) THE Doctor also found a number of bruises on the dead body. The cause of death according to the Doctor was shock because of original injury and haemorrhage due to multiple injuries and fracture of vartibra C5, C6, 7th and 8th rt,ribs. The other injuries were held to be contributory to it. The accused were arrested on July.22,1984 and in pursuance of information furnished by Mafts Narsa and Surta axes were recovered. On pursuance of the information furnished by the remaining accused laths were recovered.;