- (1.) BY the Court. The appellants were tried by the Sessions Judge, Chum for the Charges Under Sections 147, 302 read with 149, 325, 323 read with 149 IPC. Vide judgment dated February 3, 1984 the learned Sessions Judge held them all guilty and convicted them Under Sections 147, 302 read with 149, 325 read with 149 and 323 IPC and sentenced them of one year RI Under Section 147 IPC, imprisonment for life and a fine of Rs. 1000/ -, in default of payment of fine to undergo six months RI each Under Section 302 read with 149 IPC. Three years RI and a fine of Rs. 500/ -, in default of payment of fine to undergo three months RI Under Section 325 read with 149 IPC and six months RI Under Section 323 IPC with an order that all the substantive sentences shall run concurrently.
(2.) FEELING aggrieved by their conviction and sentences the appellants have preferred this appeal in this Court. Succinctly narrated the facts of the case giving rise to the trial and conviction of the appellants and the present appeal are that on August 24, 1983 Kamli (PW 12) was sitting at her house at village Santyu along with her daughter Santosh (PW 13). Her son Ram Swaroop Sarup Ram was taking food there at the time. Pooran Ram appellant inflicted a lathi blow to the street dog, at which Ram Swaroop asked him as to why had he given a beating to his tamed dog. Pooran Ram hurled abuses and want away. After his going from there Ram Swaroop went to call Sarpanch Mala Singh (PW 4). Karnli and Santosh also accompanied him. When Ram Swaroop reached near the house of Ladu Ram, appellants Bhagwana Ram, Pooran Ram, Mohan Sugna Ram, Shishupal and Udmi Ram went there. Bhagwana Ram inflicted lathi blow on the head of Ram Swaroop. Then Udmi Ram inflicted lathi blow on his head. Ram Swaroop fell down. Then Pooran Ram inflicted blow on the left eye of Ram Swaroop. Thereafter all the appellants gave a beating to him. In order to rescue him Kamli and Santosh (PW s 12 and 13 respectively) fell on Ram Swaroop. Udmi Ram gave a beating to Kamli also. On the two ladies raising a cry Chandgi Ram (PW 1), Poran Ram (PW 2) and Banwari Das (PW 3) reached the site and rescued them The assailants went away from there. Santosh called her brother Mohan from the 'Baba' near the house. Mohan called Sarpanch. Mala Singh (PW 4) and reached the site where Ram Swaroop was lying unconscious. Mala Singh telephonically informed Police Station, Tara Nagar and asked the Constable to send the Jeep. After half an hour a Jeep came from Tara Nagar, in which Mala Singh and Chandgi Ram took the injured to Churu Hospital. All the three injured were admitted there on receiving information from the Doctor, ASI, Sohan Lal of Police Station, Churu reached the hospital at 8 00 A.M. on August 25, 1983. He recorded the statement of Kamli and sent the statement to Police Station, Tara Nagar where at 9.00 A M Case against accused was registered Under Section 147, 148,149,302,325, 323/34 and 448, IPC Dr. B L. Soni (PW 10), Medical Jurist, Government Hospital, Churu examined the injuries of Ram Swaroop and noted following injuries on his person: 1. Extensive echhyinosis of the upper of lower lids of left eye 2. Extensive diffused swelling on the left temporal region; 3. Lacerated wound 3' x 3' x bone deep on the left parietal region with diffused swelling all around it; 4. Lacerated wound 1' x 1/&' x bone deep on the left parietal region with diffused swelling all around it; 5. Multiple contusions of different shape, and seizes on the left shoulder with diffused swelling all over it; 6. Abrasion 1/4' x 1/2' on the left clavicle; 7. Contusion 4'x 1' horizantally placed on the left thigh autririorly; 8. Contusion 6' x 1' on the lateral aspect of left thigh; 9. Contusion 6' x 1' on the lateral aspect of right mid chest; 10. Contusion 4' x 1' on the right mid dosral region; 11. Two abrasion each 1/4' x 1/2' -on the right lower dorsal region.
(3.) ALL the injuries according to the Doctor were simple in nature and caused by blunt weapon within twelve hours from the medical examination. The patient was semi conscious. The injury report is Ex. P/14. On the same day Dr. Soni examined the injuries of Kamli and noted following injuries on her person: 1. Contusion 2' x 1' on the middle of the dorsal aspect of left fore -arm, with fractures of bone below it; 2. Contusion 4' x 1' on the right shoulder; 3. Contusion 4' x 1' on the upper front of the back of left thigh; 4. Contusion 5 -1/4' x 3' on the lower part of the lateral aspect, of left side of chest with an abrasion 1' x 1/4' in size on it. ;