S. K. SHARMA, J. - (1.) ALL the six appellants, namely, Laxman, Heera Lal, Birdhi Lal, Kanhaiya Lal, Ram Chandra and Gopal were the accused on the file of the learned Additional Sessions Judge Jhalawar Camp at Aklera bearing Sessions Judge Jhalawar Camp at Aklera bearing Sessions Case No. 174/1993. They were found guilty, convicted and sentenced as under- U/s. 147 IPC Six months RI and fine of Rs. 500/- (in default to further undergo one month R. I.) U/s. 148 IPC Six months RI and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 302/149 IPC Life Imprisonment and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 307/149 IPC Seven Years RI and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 325/149 IPC Three Years RI and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 326/149 IPC Seven Years RI and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 324/149 IPC Three months RI and fine of Rs. 500/- (in default to further undergo one months R. I.) U/s. 223/149 IPC Three months RI and fine of Rs. 500/- (in default to further undergo one months R. I.) ALL the sentences were directed to run concurrently
(2.) THE prosecution case can be compendiously stated thus- Written report (Ex. P. 1) came to be lodged by Prem Chand (PW. 8) with the Police Station Aklera at 3. 30 P. M. on July 28, 1993 with the averments that his filed and the field of Mangilal were adjacent to each other and they belong to one caste. Accused Laxman when uprooted the `baad' (boundary made of grass and thorns) of his (informant's) field, his father obstructed, at this Laxman pushed his father by legs and fists. When Nanda (since deceased) intervened the accused Laxman, Heera Lal, Birdhi Lal, Ram Chandra, Gopal, Kanhaiya Lal and Chandra s/o Kanhaiya Lal armed with Gandasis, rushed towards the filed. Kanwar lal (since deceased) Prabhu Lal, Kailash, Ram Kalyan, Nandu Bai and Bheru intervened but the accused inflicted injuries on their persons. Nand Lal died at the spot. When he (informant) was taking the injured persons to the Hospital Kanwar Lal died on the way. THE incident had taken place around 10 and 11 a. m. Accused Gopal was armed with Ballam (spear) whereas other accused were having Gandasis. Police Station Aklera registered a case bearing FIR No. 109/93 u/sec. 147, 148, 149, 307 & 302 IPC and investigation commenced. Post Mortem of dead bodies of deceased Nand Lal and Kanwar Lal was conducted. Site was inspected. Injured witnesses were medically examined. THE accused were arrested and recovery memos of weapons at the instance of the accused persons were drawn. On conclusion of investigation charge sheet was filed against the accused persons. In the course the case came up for trial before the learned Additional Sessions Judge Aklera. The trial court framed charges u/sec. 147, 148, 302/149, 307/149, 325/149, 326/149, 324/149, and 323/149 IPC against the appellants who denied charges and claimed trial. The prosecution examined as many as 24 witnesses. Thereafter explanation of the accused appellants u/sec. 313 Cr. P. C. was recorded. The accused denied the allegations and claimed that the complainant party inflicted injuries on their persons. The accused examined one defence witness Ram Lal (DW. 1 ). The learned trial court after hearing the final submissions convicted and sentenced the accused appellants as indicated hereinabove. Let us now indicate the nature of the evidence led by the prosecution in support of the case. To begin with there is a central evidence consisting of nine eye witnesses namely, Bhanwar Lal (PW. 2), Moti Lal (PW. 7), Prem Chand (PW. 8), Smt. Nandu Bai (PW. 9), Bheru Lal (PW. 10), Prabhu Lal (PW. 16), Ram Kalyan (PW. 22) and Ram Bilas (PW. 23), who were allegedly present at the place of incident. The evidence is sought to be corroborated by Onkar Singh SHO (PW. 24) who recovered the weapons of offence at the instance of the accused appellants. Before us, the argument of Mr. A. K. Gupta learned counsel for the appellants is two fold. Firstly, it is canvassed that the circumstances brought on the record are sufficient to show with a balance of probability, that the appellants caused the injuries to the deceased in the exercise of their right of private defence and as such their case is covered by section 96 IPC. Secondly it is contended that in any case the circumstances and material brought on record in cross examination of the prosecution witnesses establish such a preponderance of possibility, verging of probability in favour of plea of private defence, that by its inexorable impact it creates a strong doubt with regard to the truth of the prosecution story. Per contra Mr. G. S. Rathore learned Public Prosecutor supported the impugned judgment and urged that all the charges stand proved against the accused form the statements of the eye witnesses and the accused had exceeded their right of private defence.
(3.) BEFORE dealing with the submissions advanced by the learned counsel we would like to scan the testimony of the alleged eye witnesses examined by the prosecution. From the material on record it appears that Bhanwar Lal (PW. 2) sustained six incised wounds and his injury report is Ex. P. 22. Bheru Lal (PW. 10) received one incised would as per his injury report (Ex. P. 23 ). Prabhu Lal (PW. 16) sustained three incised wounds according to his injury report Ex. P. 24. Ram Kalyan (PW. 22) received two incised wounds vide his injury report Ex. P. 25. Nandu Bai (PW. 9) sustained one incised wound vide her injury report (Ex. P. 26 ). Moti Lal (PW. 7) received two Bruises vide injury report Ex. P. 27. Ram Bilas (PW. 23) received one incised wound and two bruises vide report Ex. P. 28. and Kailash (PW. 3) sustained two incised wounds and one abrasion vide injury report Ex. P29. It is thus evident that out of nine eye witnesses, eight sustained injuries and their presence at the time of occurrence appears to be natural. Post Mortem Report (Ex. P. 30) of deceased Nanda reveals that he sustained as many as seven incised wounds out of which four were on skull. He died on account of head injuries. Another deceased Kanwar Lal received as many as five incised wounds out of which four were on skull. His postmortem report (Ex. P. 31) demonstrates that he also died on account of head injuries. We have been taken through the entire evidence and the circumstances of the case and we feel that the case built by the prosecution witnesses before the trial court attributing injuries to individual accused is clearly afterthought and no trace of it is to be found in the statements u/sec. 161 Cr. P. C. made before the police. These witnesses only throw a dim light on the circumstances under which the deceased were assaulted. ;